Legal Question in Intellectual Property in California
I had a magazine publication 5 years ago and there was a classic 1959 impala in it. I recently made a poster with his car totaly done in Photoshop airbrushed and with numerous changes. He is threatning to sue me and the friend I made it for because I placed my website and his in very small writting at the bottom.
His attorneys hook is that California law protects works of art and he states in his letter he gave me permission to photograph his car for a feature article.
3 Answers from Attorneys
With threat of litigation, you can either negotiate and resolve it informally, with or without an attorney, or you can wait to see if they really sue. I suggest you not ignore it, and hire an attorney to respond and try to solve your problem before they sue. It will be far cheaper than defending a lawsuit. You may have defenses that include permission, value, etc., to use in discussions. If serious about getting counsel for this, feel free to contact me.
I'd question whether the Impala itself is a protected "work of art" as meant in the law protecting works of art. However, I may misunderstand your facts.
As the other attorney answers state, you have some defenses and other issues to raise in discussions - settlement or otherwise. The critical fact in all of this is you should be represented by an attorney.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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