Legal Question in Intellectual Property in Texas

PHOTO COPYRIGHT INFRINGEMENT question

I sold items on eBay auction website. And I used 1 photo which was found to be another eBay and private website sellers photo. Only 1 photo was used. And it was copy-pasted to my auction page. I am not sure if that photo is copyrighted but the person who is claiming it told me that he well talk to his lawyer about the restitution. He havent talked to me about anything about $$$ yet. Can I get into trouble for this? Is there anything that I should do now, to prevent more trouble for later? I have already removed the picture. And I dont know if this is going to help me but, I have all the email that I talked to that person. And he used many cuss & profane words. Would that help me in any way?


Asked on 4/07/06, 8:23 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: PHOTO COPYRIGHT INFRINGEMENT question

Whatever damage has been done is done and can't be undone. Never use 'found' photos, or 'found' text since that material has been copyrighted by the author/photographer.

Whether they registered it with the copyright office is another question because that will determine whether they can sue you for statutory damages or not.

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Answered on 4/08/06, 11:19 am


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