Legal Question in Business Law in North Carolina
Gift used for advertising
My nine year old daughter drew a picture for the real estate agent selling us a house. She decided it was so cute that it could be used for advertising to sell more houses in our development. We were just informed it would be in this weekend's paper. We were not asked for, or gave our, permission for her artwork to be used in any other way, other than what it was intended for...to be hung on the wall. Can they use it, and make money on it, without asking us, or paying my daughter for it?
1 Answer from Attorneys
Re: Gift used for advertising
From a legal standpoint, my understanding is that your daughter would have a copyright on her artwork. Therefore, the unauthorized use of the work would generally be a copyright violation, and would entitled her to damages. This is a complex issue of copyright law. An adult can waive his or her copyrights, by e.g. failing to enforce them. But I believe that a minor may not be able to waive them, without court approval.
From a non-legal, practical standpoint, I must say that the violation seems fairly trivial and innocuous, and I am hard-pressed to see any significant benefit to raising the issue.
You should consult a lawyer if you believe your daughter's rights have been significantly violated.
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