Legal Question in Intellectual Property in California

My photo of my friend put on magazine cover without permission

I took a photograph of a friend in a custom-made smoking jacket. That photo was used for a cover of a cigar magazine without my permission. The cigar magazine photoshopped the original smoking jacket into a different fabric. What recourse am I entitled to?


Asked on 12/10/07, 2:17 am

2 Answers from Attorneys
Johm Smith tom's

Re: My photo of my friend put on magazine cover without permission

Sounds like copyright violation and you hold the rights.

Read more
Answered on 12/10/07, 3:02 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: My photo of my friend put on magazine cover without permission

The Author of a work, here a photograph, holds the exclusive right to permit this kind of use. You, as the photographer are the Author... therefore this is copyright infringement.

Also, the design of your smoking jacket may be protected.

Finally, the photoshop business may raise some unfair competition claims.

You should see a lawyer about this right away!

Read more
Answered on 12/10/07, 4:55 pm


Related Questions & Answers

More Intellectual Property questions and answers in California