Legal Question in Intellectual Property in Washington

Unfortunately, yes, the photographer may well be able to credibly sue you, even though she uses images of you and your dog. By posting the photograph without permission, you may have infringed her copyright.

Copyright attaches to a photo when the photo is taken (it is "affixed in a tangible medium"). When the photographer took the photo of you and your dog, she acquired a bundle of rights in that photograph that includes the exclusive right to distribute the photograph. When you posted the photo on the website, you distributed the photo in violation of her exclusive rights.

There is copyright infringement and there is copyright infringement. Your posting may well have been what we call an "innocent infringement"; that is, you may not have known that the copyright existed; while you would still be liable, the degree of liability would be much less than that for an intentional infringement. Also, it is very possible that the photographer never registered the work, which would make a copyright claim something the courts would toss out.

You, however, need to retain a copyright attorney. You're welcome to contact my office directly to set up a free 15-minute phone consultation.

Nancy Delain

Delain Law Office, PLLC

518-371-4599

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.