Legal Question in Technology Law in Colorado
Copyright of Photographs Taken By Me
I have come into a situation where I will need some expert advice. I recently did a photoshoot for a group of local hip hop artists. Even though they paid for a basic photoshoot package, they expected that they owned the photos that I took and could do whatever they wanted with them. Unless a substantial fee is paid, I always watermark my images with my logo. Well, they didnt want my logo on there, but later agreed to accept photos with logo. Paid me for my services and thats the last time Ill do business with them.
I have noticed, that they have cropped out my logo from several images and put them online with no credit to me, the photography. They have also removed the subject (person photographed) from the background and placed them in a different background. But only one of those images ''reused'' my watermark.
I take pride in my work and despise blatant thievery.
Is there anything I can do about this? I really hate to have to be an a**hole, but I will if I have too.
My portrait contract in which the representative signed on behalf of everyone states, ''photos may be used for personal use only''. And any reproductions must be cleared through me. They did not do this and told me they would still do whatever they wanted.
1 Answer from Attorneys
Re: Copyright of Photographs Taken By Me
Absent agreement to the contrary, as an independent contractor you own the copyright in your work as soon as it is expressed in a tangible medium. As such they have violated your copyright rights.
The first step would be to send them a cease and desist letter for using your copyrighted work, or alternatively, demand payment of a fee for transferring the copyright to the photographs to the band.
Contact a lawyer in your jurisdiction to assist you with these matters.
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