Legal Question in Technology Law in Missouri

Re: Creative copyright law

You are contemplating copyright infringement and should not do what you propose. Since it was a work for hire, you are NOT the author, they are. Putting up images is copying the images and you do not have the right to copy the images, they do. Right to copy = copyright, get it? You don't have it, they do. You are not being truthful when you say you would not be making any money from the images, as you are using them to promote yourself and that translates into business and that means money. Besides, you ARE making money from the images if you steal them as you are saving the money it would have cost to make alternative images.

Not only that, you would be a deliberate infringer, as in punitive damages possible.

Copyrights exist whether or not registered, so if their copyrights are not registered, you are an infringer of unregistered copyrights rather than an infringer of registered copyrights. The owner need merely apply for registration of the images you are using, at a cost to the owner of about $230, including filing fee and attorney fee, with one application probably covering all the images. That application then gives the court jurisdiction to enforce the copyright against you and at that point you get to stop using the images and/or start paying damages.

So, bottom line is don't do it.

Re: Creative copyright law

I read Bruce Burdick's reply to this question, and although I usually agree with him I think that he is unduly cautious in this case. Artists ordinarily keep portfolios of their work irrespective of whether particular pieces are works made for hire. This being standard practice, I believe that a court is unlikely to enjoin your use; if the customer has not registered the copyright in the works, then you would not be risking attorneys' fees or statutory damages. (You can check the registration status at the U.S. Copyright Office Web site, freely searchable.) So, my bottom line is that you can proceed with due caution along the lines you intend.

Best wishes,

LDWG