Legal Question in Intellectual Property in Pennsylvania

Expired license agreement remedies

I granted a two year license on several photos to a large company to use on one of their products. The license expired in Oct 2002 and was no renewal was requested. I recently found the product on the company website and questioned them about it, they removed it from the site and just contacted me today asking for a copy of the signed contract. Here's the problem: they never returned it signed, it is signed by me, and I was paid the amount due according to the contract. It also contains the line ''Subject to all terms and conditions above and on reverse unless objected to in writing prior to photo shipment'' Do I have a legal leg to stand on?


Asked on 7/29/03, 11:02 pm

1 Answer from Attorneys
Gerry Elman Elman Technology Law, P.C.

Re: Expired license agreement remedies

The answer to your question depends on whether a contract was actually formed between yourself and the company, and what its terms actually were.

Whether or not it is possible to prove that a contract was formed depends on a variety of factors that can only be resolved by a lawyer to whom you would confidentially disclose all the facts. However, in general, it is often possible to establish the existence and terms of a contract without a party's signature. The existence of the various writings between the parties, and sometimes as well the unwritten conduct, is often taken into account to determine whether a contract was formed by an offer and acceptance.

In a similar fact situation involving a license by a photographer to a magazine, I participated in the case of Marco v. Accent Publishing Co., 969 F.2d 1547 (3rd Cir. 06/10/1992), where the publisher was found to have exceeded the scope of the one-time-use license granted by the photographer, as stated on his invoices.

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Answered on 7/30/03, 5:03 am


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