Legal Question in Intellectual Property in Illinois

Re: Work derived from copyright

The right to prepare derivative works (or in this case, the right to prevent others from doing same) is one of the monopoly rights afforded a copyright holder. If someone wants to prepare a derivative work, they must first acquire a license to do so from the copyright holder. Otherwise it is likely to be considered copyright infringement.

I wouldn't say that you automatically own the derivative work in question, but without a proper license, you certainly have the right to control how that derivative work is exploited.

Many people who incorporate the works of others into their own, like in this scenario, claim incorrectly that it is a "fair use." Or because that they are not making any money, or at least haven't yet, that their use of your work is OK. In reality, this affirmative defense to copyright infringement is fairly narrow and most likely not applicable to this situation.

Here's what you should do: 1) contact (or have an attorney contact) that person and make them aware that you know about their use and 2) your communication will explain to them your ownership of the underlying works that they've appropriated. Then do either 1 of the following: 1) if you want their use to STOP, you'll tell them to cease and desist their efforts or you'll sue them for copyright infringement; or 2) if you are OK with their use, you'll let them know that they must enter into a license agreement with you or face a possible infringement action.

If an infringement action is contemplated, you need to first make sure that you have registered the copyrights on all of those photographs with the U.S. Copyright Office BEFORE beginning any legal action in the courts.

Please let me know if I can be of assistance...

DS