Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
I am sorry to learn of this infringement on your photography (and on your floral creations). Regarding your rights, there is a helpful article (actually published by a photographer instead of an attorney) that details your legal rights regarding your photos. http://photosecrets.com/copyright
You have the right to your photos, which includes the right to sue for the improper or non-consensual use of the photos by your friend. If you register your photos, you get not only the actual monetary damages, but also statutory damages for this infringement.
I don't think I explained it well. I designed the floral arrangements, and a professional photographer took pictures. She also took her own
pictures, but the event and the design of the flowers was mine. She ONLY put the flowers together, nothing else. She has published these
The photos belong to her. However, is she demonstrating the floral arrangements as her own creation - as opposed to her work?
pictures on the internet, on her website, as HER VERY OWN, AND COPYRIGHTED, TO TOP IT ALL!!
The photos are hers to copyright. The arrangements are not. You created the arrangements and that copyright belongs to you.
She is publishing these pictures as if they were her own creation and exclusive event. This was MY EVENT and MY CREATION!
Unless your friend is being clear as to what she is doing (i.e. copyrighting the photos to protect their reproduction, but not the floral arrangements), she is likely engaged in unfair business practices (a statutory tort) and is liable to you for damages due to the misrepresentation.
You are not being clear in your answers.
Your friend is most likely liable to you for statutory damages for "unfair business practices"
So, as I understand you, even if I created the designs and she actually put the flowers together, she cannot publish these photos in her website as hers, right?
She cannot represent your floral creations to be hers.
She can say that she worked on them (that is a true and accurate representation), but she cannot claim she designed them. If she is publishing them so that there is any confusion to the consumer (that is the key), then she would be engaged in unfair business practices.
So what can I say to her to correct this and at the same time not harm my friendship?
Remember - I can't give specific advice. However, to keep her within the bounds of the Business and Professions Code (and hopefully your friendship), you can ask that she include clear subtitles or headings that state exactly that: she worked on these arrangements, or these are examples of arrangements she has worked on, (or some language that you two agree on represents an accurate statement of the labor). So long as the photo and its context does not misrepresent the arrangement to the consumer it should satisfy both (it leaves you with credit - the subheadings can even include your name for example, but shows her skill).
You are welcome, is there anything else I can help you with today (and did I fully answer your question)?
I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.
Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).