Legal Question in Intellectual Property in United Arab Emirates
A USA based company has used one of my images to promote their services. What can I do about this?
1 Answer from Attorneys
Greetings. I am an Attorney who does some Copyright/Patent work (US Federal Law) and Privacy work and cases. Though you are in UAE, if the company is a US firm, you may have rights and claims for damages under United States Federal and some State Laws. Each of the 50 States has completely different laws that cover most matters, and, in certain limited areas, the Federal (national government) Courts have exclusive jurisdiction. There rules as to which law would apply based upon the circumstances, actions, and where the company is located or headquartered (main office) or where it does business. You need some help to get through even finding out where to go to get a solution. I suspect you need to be in US Federal Court. If you are talking about a copyrighted image, then Federal Court may allow you to recover all the profit the company made from the use of your image.
However, if the company is also in a State that allows you to sue for someone improperly using a picture of your face or body, some State's allow you to file a lawsuit to recover money from that as well.
I know its complicated, but you really need to have an Attorney here look at the potentially issues to see what rights and damages you may have, and, what are the potential solutions.
If you would like to send me more information, I will be glad to spend some time free of charge, totally without any obligation for you to use our firm and totally confidentially to look at your matter. If we think it is a good case to pursue, I suspect we can actually make demands on the company here as your Attorneys under an agreement to take only a percentage of any funds or settlement you receive from the case... no recovery, no legal fees to you! If you are interested in looking at that, just let me know.
Thanks, Edward Kazaleh [Personal email: [email protected]
PS: I expect to be coming to the UAE in the next few months as well !!