Legal Question in Intellectual Property in Spain
Photographs
About 4 years ago I took 200 to 300 photographs whilst staying with an aquaintance who let apartments Murcia Spain. Many of the photographs were artistic Spanish landscape and culture in nature. I used their computer to down load the images onto cd but left copies on the computer for their personal use as there were several photographs of their friends and family.
Yesterday I looked at a web site advertising their apartments including 4x4 offroading, birdwatching, horse riding, photographic trips etc etc. To my suprise approximatelly 50, some 90% of the total photographs on the site were mine! No request has ever been made for these photographs to be used. Please advice firstly what action can I take against the people who have used them and secondly how can I stop them being used again without my permission. I assume the web site designer has a copy of all the photographs now as well.
Your urgent advise would be appreciated. PS I have properties in both the UK and Spain
1 Answer from Attorneys
Re: Photographs
They have no right to make a profit with your photos and the spanish law fully recognises you right. You are the full owner of the IP right since you took the photos.
The normal procedure to stop the ilegal use of your work is that is that your lawyer contacts them and requires them to do so. After that, you shall start a commercial procedure in a spanish court to claim for your rights.
If you would like to discuss this further please call my office at your earliest convenience or email.
Jorge Corona
www.aliona.es
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