Legal Question in Technology Law in California
theft of photo used in an internet add
basically a photo of mine that is a modeling photo was stolen and used for an add trying to give away a free 500 dollar hot topic gift card on myspace, ive contacted myspace, hot topic, and the website responsible for the add to find out information about who is paying for the add to run but they replied with no information that i needed and i was wondering if there were any contingency lawyers willing to help me with this case i have all the proof, the original photo, the 2 adds that are running on myspace, and the website address for the company responsible.
1 Answer from Attorneys
Re: theft of photo used in an internet add
If you look at the Myspace terms of service, and search for the words "takedown notice", you should find a procedure for sending a WRITTEN LETTER demanding that the pictures be taken down.
Be aware, though that the photographer, not the model owns the right to the photos he/she takes... so if you signed any paperwork with the photographer, you may be out of luck.
A lawyer versed in this area of law is necessary, but you're unlikely to find one willing to work on contingency. You'll have to put your money where your mouth is, I'm afraid.
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