Legal Question in Technology Law in California

Pictures posted on professional website

I�m a builder from North California.

I started my business about 2 years ago. Before that I was working as a independent contractor for Development company, however I held own license with this company and got wages on 1099 as contractor. Basically we were building houses and I ran all construction activity on all projects, managing all contractors, and working myself as well when needed.

I got some of the projects posted on my website and now the Developer asks me to remove pictures of his properties from my website, because i never asked him for permission. But that�s not his properties anymore for a long time now and he was aware of this fact that I�m making a pictures for my own portfolio back than. I�m using a business name that is actually is a DBA of my personal name, and I�m not posing as a company that never existed on a moment when those pictures was made; also I�m not selling those pics.

My understanding is that me is still me and, no matter what DBA I have chosen for present time or will have later and I have right to let my potential customers see work that I have done in a past.

So far I�m refusing to remove any pics until I will be able to prove him that I can use my pictures on my website. What do you know abou


Asked on 6/27/09, 11:45 pm

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Pictures posted on professional website

It's hard to advise without all of the specifics, and a look at the photos in question, etc.... but It sounds from your post, that you own the copyrights in your photos, but that the Development Company owns the right to claim that IT built the homes appearing in them.

So, you might be accused of some kind of "unfair competition" or "unfair business practices".

The essence of these claims is that you're "passing off" the homes depicted in these images as having been developed and built by you, when in fact the Developer was responsible.

You may be able to label the photos on your site in such a way that indicates " Built by builder (you) for Developer in 2006".

Truth in advertising, is the name of the game.

Still, the developer may be better armed for a fight, so consider your next moves carefully.

You should consult an attorney to advise you after familiarizing him/herself with all of the pertinent facts and laws that may govern the situation.

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Answered on 6/28/09, 11:45 am


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