Legal Question in Intellectual Property in New York
Photographic rights
As an interior designer, I had a client's apartment photographed with their verbal permission (and possibly in email). I paid for the pictures and later allowed the client to use the pictures free of charge to sell his apartment. He sold the apartment and moved away. Later I had the pictures published in a magazine. Does the client have any right over the pictures? do I require his permission to have them published again?
1 Answer from Attorneys
Re: Photographic rights
If you designed the apartment and the owner did not take the pictures, you're likely in the clear, although I can think of instances where that may not be true. If the owner took the pictures, the owner has a claim in copyright in the pictures. If the owner contributed to the design beyond just the usual and ordinary interview to get the designer started down the right track (I like blue not beige; I like hardwood not vinyl; I can afford $x not $y; that sort of stuff), the owner may have a copyright interest in the design of the apartment.
If someone else (we'll call this person ThirdParty) took the pictures and you did not have a "work made for hire" agreement with them, then ThirdParty may own the copyright in the pictures.
Bottom line, talk with your IP lawyer. There are piles of us in your part of the world.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
