Legal Question in Intellectual Property in California

I am a freelance photographer, I was working along with a website recently that wanted me to sign over full ownership of my images for a photo shoot that a model payed for. I refused to sign the contract with the website because they did not want to pay me or share ownership with me. (I do have a model release for all photos, and therefore own the images outright). The model released the images to the website, and the website proceeded to use the images AFTER erasing my logo/copyright from all the images.

I sent a cease and desist letter to the website owner and model, and asked for damages of $500 in the letter as well as a demand for payment letter. It is now past the deadline for the letters and have not received response. What is my next step? I am currently living off food stamps and unemployment so I am without a way to get a lawyer to help me.


Asked on 11/20/09, 8:05 pm

2 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

You can try sending a DMCA Takedown notice to the company that hosts the Web site. DMCA notices are a bit technical, but you can find a good guide using a search engine, I'm certain.

Beyond that, hiring a lawyer is really your best bet.

Also, have you REGISTERED the copyrights in your images? (VEry important, if you want to sue for damages.. If done early enough, you may also be able to get statutory damages and attorneys fees)

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Answered on 11/25/09, 8:47 pm
Keith E. Cooper Keith E. Cooper, Esq.

First, register your copyrights if you haven't already. This can be done online by uploading the images at the copyright office website and paying a filing fee of $35. You should be able to copyright all the images under one registration.

Copyright law allows for substantial statutory damages (meaning the burden of proof is lower) as well as attorney's fees, so it is possible you could get a lawyer to represent you on a contingent basis. I would suggest you contact the local county bar association in your county for a referral.

Frankly, your offer of $500 seems fair (if not a bit low) and I'm surprised the website didn't agree.

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Answered on 11/30/09, 5:13 pm


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