Does intellectual property apply to our situation: A large online web server charges artist and creative people a monthly fee for an online shop owner to take photos of their products and display them for sale in their personal shop. Once in a while, another shop owner will take (download) a copy of the original owner's photo and use it to display their copy of the original item. They want to make a copy of your item, and take your photo to display their copy of your item and sell it at a lower price. The web server has a strict policy about taking intellectual property, but you have to apply through their legal department and they suggest getting an attorney's advise prior to making a claim.Is not even our picture of the photo our own intellectual property? We put a lot of effort into the lighting, design, and background. What would the law's be on our position? We just want a cease and desist of the offender.
State/Country relating to question: California
can you clarify the situation? who is taking the photos? also you mention "picture of the photo"....im not sure what that means
I'm sorry a picture of the product
Another shop owner (competitor) is taking (stealing) the photo
ok if you take the photo then the copyright is yours (unless you agree to transfer the copyright or give someone else a license/permission to use the photo)
if someone not authorized uses it then that would be copyright infringement
and you would typically send them a cease and desist notice
Even if we didn't apply for a copyright?
yes, protection is automatic
Thanks very much, That answers my question!
Experienced in intellectual property law
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