Legal Question in Business Law in California

Picture Published Unauthorized

My company has been advertising in the local yellow pages for the past 5 year.This year when we placed our ad,we upgraded to a bigger and better ad.When we recv'd the new book with our new ad in it,our competitor below us had our previous picture for their ad.Turns out that salesman gave them our property to use for the ad.Without our permission.What can be done?


Asked on 1/06/00, 1:56 pm

2 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: Picture Published Unauthorized

It is difficult to imagine a more cut and dried case for liability than this. Unless the copyright owner gave the Yellow Pages some license in the work beyond printing it in your ad, then the salesman (and thus his employer) has violated the copyright of whoever created the picture.

On the other hand, if the books have been printed, then there is little you can do to fix the problem. Your only real recourse is money damages. While liability may be somewhat certain, the extent of damages is probably a fairly complex calculation.

You need to discuss this matter with a competent attorney to determine whether it is worthwhile to pursue legal action.

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Answered on 1/06/00, 7:25 pm
John Hayes The John Hayes Law Offices

Re: Picture Published Unauthorized

Mr. Walton is correct about clear cut liability. There is nothing you can do about the ad until next year, but you can sue the salesman for damages. Which I could give you an estimate on with some additional information from you. I have handled business and contract law for over a decade. If you have any additional questions or would like to speak with an experienced attorney regarding your case you can reach my office at 877-546-9918. The call and consultation are free. Even if you decide not to persue the salesman you can get an idea of your damages and find out what your rights are in this case. I look forward to speaking with you.

Sincerely, John Hayes

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Answered on 1/07/00, 1:04 am


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