Legal Question in Intellectual Property in Wisconsin
photographer's rights
There is a website that has ''published'' photographs (that I took and I own the negatives)as cover pictures to an e-book. There is no mention of a photographer and this site appears to be selling this book, claiming copyright. These printed pictures were a gift a one time and I never intended them to be on the internet and having someone else claiming them to be their own work. Do I have any intellectual property rights here?
Thank you for your time.
2 Answers from Attorneys
Re: photographer's rights
As the creator of the picture, you own the copyright in it. The only way that the copyright can be transferred is by a writing that is signed by you. Otherwise, the law presumes that you have retained ownership in the copyright.
One of the rights that you own as the copyright holder is the right to reproduce the work and the right to sell it (as well as the right to refrain from doing both). The bottom line is that the publisher & author of the book must license the work from you.
If you have not filed for copyright on the work, you must do so immediately. While the copyright is created the moment the work is �affixed in a tangible medium� (the picture is taken), you do need to file for copyright before commencing an action. This is something you should be able to do yourself.
Re: photographer's rights
As the photographer, you own the copyright in the photos unless you assigned or licensed them to someone else.
I did not understand what you meant by saying the "pictures were a gift a one time." Please provide details so that I may advise you further.
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