Legal Question in Intellectual Property in California

It sounds like what they would then claim is that you infringed on their copyright that they have in the photo.

Absent anything in writing, I would say that even without any payment you ended up with an implied license to use the photo for its intended purpose. So if that was to use in marketing and advertising then that was in accordance with your implied license. If, for example, Target liked the picture so much that they offered you a ton of money to use it, you would not have the right to negotiate that agreement. In that case, the photographer would have to give that permission.

The problem with doing things without a writing is that it become difficult if not impossible to demonstrate later. Further, a writing is required to transfer exclusive copyright interests.

If you have any evidence of your agreement (texts, emails, witnesses, etc.) this may be helpful should any legal action ensue, but that is not likely.

No one here can offer conclusive advice, so consider this simply general insights. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.