Legal Question in Business Law in New York

A model that I represent gave pictures to another photographer for consideration to work in a workshop. The photographer without her knowledge or consent posted her pictures online (including a topless one) saying she was going to work one of the upcoming workshops. These pictures were never meant for public view, and the photographer is profiting by getting other photographers to join the workshop. She never signed any kind of release for the photographer to use the pictures for this purpose. What is my recourse?


Asked on 10/03/11, 8:32 am

1 Answer from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

First, one needs to determine whether you hold the rights to those pictures. This would have to be done based on an agreement you may have had with the model, payment terms, creative input etc.

If you are the rights holder then you should consider sending the other photographer a cease and desist letter demanding him to take down the photos and asking for damages. The other option is to go to court and seek a temporary order to take down the photographs. In addition, you should consider registering your copyrights with the copyright office as this will allow you to claim damages in a potential litigation.

Needless to say that you should retain an attorney to handle the matter as cease and desist letters often don't get the proper attention if not directed by an attorney.

Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

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Answered on 10/03/11, 9:04 am


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