Legal Question in Intellectual Property in Indiana

I am a partner in a web and print design firm. We recently updated our portfolio to include some print work done for a client. In this print work are some photographs taking by a professional photographer who took and donated the photographs to the client (and we coordinated the photography shoot). We credited the photographer on the print material. Said photographer, however, visited our updated site and has requested we immediately remove his work from our portfolio (again, it only appears on a print piece) because we also offer 'amateur' photography services at a lower cost than he does. Our photography portfolio does not display any of his work - only ours. We do not advertise his photos as our own - again, we credit him for his work that he donated that was displayed on the print pieces we created, and we make note in our services that we also work with professional photographers when the client has such needs. I'm just curious if there is any legal reason we need to remove our print pieces that include pictures form the client's photo shoot based on his request.


Asked on 7/17/10, 9:21 am

2 Answers from Attorneys
Kenan Farrell KLF Legal

Ultimately, your answer will come down to what you mean by the photographer "donated the photographs." Copyright in a work vests initially in the author (the photographer). In the absence of a written "work for hire" agreement, even though the photographer let your client use a "copy" of the photos, copyright will remain with the photographer. Therefore, he could have a valid copyright infringement claim over the use of the photos.

Since he is a professional photographer, he likely meant to retain copyright ownership in the photos.

Please send an email if you'd like to discuss this in greater detail.

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Answered on 7/17/10, 6:15 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is on point here. The answer depends on who owns the photos. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/18/10, 8:55 am


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