Legal Question in Legal Ethics in New Mexico

Use of artwork in promotion without artist's permission

A restaurant in Santa Fe, NM had 2 sculptures on loan for a

short time from an artist in Santa Fe. Without her knowledge, the owner of the restaurant used her sculptures in his promotional material. The sculpture was removed

from the restaurant, and the artist has requested he remove

her images from his promotional material. He refuses to do so. There was no written/signed agreement between them

that he could use her work for his benefit. Does this artist have a case against this restaurant owner?

Thank you


Asked on 2/02/06, 9:49 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Use of artwork in promotion without artist's permission

She may, depending upon whether or not her work was copyrighted. Even if not, the commercial use of her work for profit may be protected. She should consult an intellectual property lawyer. There are several in Santa Fe.

Read more
Answered on 2/02/06, 10:59 am


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in New Mexico