Legal Question in Intellectual Property in California

Use of images for profit
I drew a picture for a friend, and gave her permission to put it on a jacket. The store that put it on the jacket for her was told the image was just for her and was not to be used again. The store messed up the jacket the first time, and told my friend they were going to throw it away. They made her another. Now, I find out that they did not throw the old jacket away, but sold it. They also have my image up for display, and the owner of the store was rude, telling me that it wasn't my art. She would not even listen to me, the artist, to take the design off the wall at that moment. My question is... how can I go about having her take it down? Also, I really do not want the jacket to be out there, when I didn't give permission for this girl to have my art on her jacket. Am I able to ask that it be returned and replaced with another design? Also, how can I make sure the owner has no copy of the image in her computer? (If she lied about throwing the old jacket away, I feel she will lie about not reselling it ever again.) I don't want anyone but my friend with this picture on their jacket. What are my rights as the artist, and how do I go about enforcing them?

Asked on 9/05/02, 10:16 pm

2 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

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Re: Use of images for profit

From the information you provide, it sounds as if you absolutely have a right to control the use of the artwork you created. Copyright infringement is not based on whether the infringer made a profit--infringement is infringement. The fact that the clerk doesn't know or care about copyright law doesn't change that. Copyright law provides for statutory damages which a copyright owner can collect even if there is no profit involved.

You should consult a competent copyright attorney who can assess your individual situation and tell you what rights you may have.

This posting does not constitute legal advice and no attorney-client relationship is created. This response is for general information purposes only and may or may not apply in your situation.

Answered on 9/19/02, 8:44 pm

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