Legal Question in Intellectual Property in Florida
Autographed celebrity picture
We recently had an online aution of an autographed picture pulled because someone reported intellectual property rights infringement. We were given the name of the company but couldn't find anthing copyrights registered or any info on the company other than a construction company out west. We emailed the complaintant requesting documentation of these rights but only received a curt answer that 'we know what we're doing is wrong'. There were other items and images of the celebrity up for auction, but ours was the only one pulled leading us to believe that it's a personal thing from someone who we are not on good terms with. The question: are autographed photos considered intellectual property and if so, wouldn't it/they be publicly recorded?
3 Answers from Attorneys
Re: Autographed celebrity picture
The other question is why the online auction site pulled it; if they were in compliance with the DMCA, there should be a DMCA compliance notice which includes the statement that they in fact own the copyright at issue. You can issue a counter-notice to put the item back on the auction block. One way or the other, someone adverse to you is going to have to go on record claiming ownership (and, presumably, wrongfully).
Re: Autographed celebrity picture
Copyright protection exists from the time the work is created in fixed form. Did you have permission from the photographer or those deriving rights from the author/photographer?
Re: Autographed celebrity picture
An autographed photo is not intellectual property.
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