Legal Question in Business Law in New York
Copyrights?
I recently was contacted by a resort and conference center to take a photographs for thier printed advertising... I sent them low resolution proofs on a CD for them to look at and was not contacted back, a month later my photos very printed and distributed in thier advertisements! I have never been paid for the photos! I had a verbal agreement with the advertising director to take the photos and they would pay me for them, I have never recieved payment and informed them that I did not give them permision to publish my photos! They called and said they were going to pay me and that they wanted more pics, which I have taken but not given. During our verbal agreements two of her employees were present and are willing to testify as witnesses for me if I chose to seek legal action against the company. DO I have any rights? I have the ''digital negative'' to the file but do not have any written contract as I am a part-time photographer. What should or can I do?
3 Answers from Attorneys
Re: Copyrights?
Whether or not you have a written contract with the resort, whether or not you are a full time photographer, you own the copyright to each of the photos, and they have violated those rights. These copyrights are created automatically, by operation of law, the moment you take the picture.
You should seek the assistance of an attorney in your area who works with intellectual property rights, and seek to enforce your rights.
Re: Copyrights?
As the copyright owner you hold all of the cards. Their publication of your photographs without your consent (whether they paid you or not) constitutes copyright infringement.
A knowledgeable attorney either in your area or the resort's will likely be able to negotiate a reasonable settlement with the resort.
If not, sue them.
Re: Copyrights?
Not only do you have an action in copyrights as they did not have your consent as the copyright owner, but you can also claim a breach of contract, which it seems you may very well have sufficient evidence between the comp neg and the witnesses. Both of these areas of law are two of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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