Legal Question in Technology Law in New Jersey
An interior designer I hired took photos in my home and posted on his commercial instagram site. That was without permission and not covered in our contract. Can I require those to be taken down.
1 Answer from Attorneys
You can certainly ask him to remove them and I would think that they would honor your request. If not, you can probably play some hardball, but I doubt it would be worth pursuing.
In most cases the designer will have a clause in their agreement that alerts their clients to this practice which is quite common. Unless the photos somehow cross the line in some other way, like other copyright protected works owned by you are a focal point, or indefinable persons are noticeable in the photos, you likely have no legal claim to stop him as the copyright interest in those photos belongs to whoever took them.
If this is of serious concern to you, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient. Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.