Legal Question in Intellectual Property in California

Copyright Infringement - What can I do?

In 2002, I took professional photo's of an independant singer for my lighting class. The photo's when well and the singer wanted to use them for her website. I drafted up a contract that said I give her permission to use the photo's (and I let her use the slides) as long I have given photo credit EVERY time. Well, it's been 4 years and through the years, she's been good and bad about it...but, I haven't said anything. Now doing my occasional search, I find that she is STILL using my photos (on at least 4 websites that I know of, and one one a site used to sell her CD's!) with absolutely NO photo credit. I have moved since and I am looking for the contract we drew up. What can I do? What if I can't find the contract? I had 1 witness to the photo shoot and that was the make-up Artist. Also, do I lose copyright if I gave her the slides?

Please help? This really upsets me and am willing to pursue this further.


Asked on 4/27/06, 4:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Copyright Infringement - What can I do?

Some common-law copyright protection attaches automatically to an artistic or creative work by virtue of state law, but to have useful protection of the kind that would allow you to pursue a lawsuit and win, you will need to have registered.

For an authoritative manual on the basics of copyright law and procedure, try http://www.copyright.gov/circs/circ1.html.

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Answered on 4/27/06, 7:50 pm


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