Legal Question in Intellectual Property in New York
Willful copyright infringement questions
I photographed an advertising job for a large US client with a New York ad agencie about 4 years ago. The 3 ads I shot were to run for 3 years total months nationwide.
While looking through an issue of a major fashion magazine a month ago, I came across the same ad I shot being used again. I checked a few other magazines and found more useage of the same ad. I called the modeling agencies we booked the models from and they informed me that someone from the company (not the Ad Agencie) contacted them and negotiated for contiuned useage.
After contacting the ad agencie, they told me that they had no idea the ads were running and that the client dropped them 3 months after we shot the ads.
I sent a letter that stated all the facts and included an invoice marked ''for settlement purposes only'' and still have gotten no response. Do I have a case againest these guys? Is what they did willful copyright infringement? What do I now? HELP!!!!
2 Answers from Attorneys
Re: Willful copyright infringement questions
Your recourse will depend on your contract (You did have a contract, didn't you). ALso, did you get model releases?
I suggest you contact an attorney, best if in NY.
Re: Willful copyright infringement questions
It sounds like the work you did was under contract to the ad agency and might belong to them. Do you have the employment contract handy? I'm an IP attorney nd would be glad to give you a free consultation if you'd like. Feel free to contact me via email.
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