Legal Question in Intellectual Property in Florida
Copyright law and retouching photographs
I sometimes am requested to retouch photographs and
I do not know whether they have a copyright or not. The
photos are sometimes copies of originals or scanned
and emailed to me. Other times the prints just say
''professional paper''. How can I protect myself from
copyright infringement when I do not know who is
holding the copyright and how to contact them. I have
resorted to have my ''clients'' writing me a letter and
signing it stating that if any copyright infringement
occurs they accept all responsibility. Will this work? I
am very paranoid.
1 Answer from Attorneys
Re: Copyright law and retouching photographs
On a practical level, you have very little to fear here. Even if a customer brings you a studio print and you produce an edited version in violation of the photographer's copyright, the customer plainly would be looking to use the edited copy for personal use. Thus, the photographer would have virtually no likelihood of ever discovering the violation. Your indemnity requirement should be more than adequate protection.
Best wishes,
LDWG
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