Legal Question in Technology Law in California

Photos

I posted 2 photos on a friends website that I took of him. He did not pay for the photos or sign an agreement for the continued use of these photos. I no longer wish to have my photos posted on his site unless he pays for them. Can I remove these phots without having any legal issues. I am also the creator of the photos.


Asked on 7/18/07, 10:31 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Photos

As the creator of the photos, you're the "author" for purposes of copyright law.

The Author holds the exclusive right to:

1. Make Copies

2. Distribute copies

3. Display the work publicly

4. Perform the work publicly

5. Make derivative works based on the original.

So, yes, in the absence of a contract granting him any of those rights, you have the right to take your photos down.

As a practical matter, however, there may be a contract implied from the fact that you initially authorized the images to be used on the site, so revoking that permission may be deemed a breach of some kind of promise or contract.

Too much depends on facts you haven't listed to allow a definite answer.

Also... there's much more here than merely the 'legal issues'... you've got a friendship at stake, so tread lightly, and try to work things out amicably.

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Answered on 7/18/07, 10:49 pm
Johm Smith tom's

Re: Photos

You are the author of the photos so you can withdraw your grant of permission to use them on your friend's site, as long as you have not committed yourself to not do so.

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Answered on 7/19/07, 9:20 am


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