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Does intellectual property apply to our situation: A large

 
Alex Reese's Avatar
  • Answered by:Alex Reese
  • Lawyer
  • Positive Feedback: 98.9 %
  • Accepted Answers: 2423
Verified Expert
in Intellectual Property Law

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Customer Question

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.

 

Optional Information:
State/Country relating to question: California

Submitted: 301 days and 13 hours ago.
Category: Intellectual Property Law
Value: $25
Status: CLOSED

Accepted Answer

Picture
Expert:  Alex Reese replied 301 days and 13 hours ago.


Alex Reese :

hello

Alex Reese :

can you clarify the situation? who is taking the photos? also you mention "picture of the photo"....im not sure what that means

Customer :

I'm sorry a picture of the product

Customer :

Another shop owner (competitor) is taking (stealing) the photo

Alex Reese :

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)

Alex Reese :

if someone not authorized uses it then that would be copyright infringement

Alex Reese :

and you would typically send them a cease and desist notice

Customer :

Even if we didn't apply for a copyright?

Alex Reese :

yes, protection is automatic

Customer :

Thanks very much, That answers my question!

Alex Reese :

youre welcome

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 98.9 %
Accepts: 2423
Answered: 7/2/2012

Experience: Experienced in intellectual property law

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