How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Swartz Your Own Question

Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2811
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
8370490
Type Your Intellectual Property Law Question Here...
Thomas Swartz is online now
A new question is answered every 9 seconds

A had hired person to do web page. A receives letter from attorney

Customer Question

A had hired person to do web page. A receives letter from attorney demanding $950.00 or he'll file a federal law suit for copy right infringement. The photo is of the Alamo! A claims there is nothing distinct about the photo. Is there a legitimate cause of action?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Thomas Swartz replied 1 year ago.
HelloCustomer

Yes, there is a legitimate cause of action. Photographs are entitled to copyright protection. Thus, if you use a copy of a photo without the copyright owner's permission, the copyright owner does have the right to bring a copyright infringement lawsuit. There does not have to be anything "distinct" about a photo. Nor does it matter what the photo is of. So long as the copy of the photo at issue can be identified as a copy of the original, then infringement has occurred.

Thomas
Customer: replied 1 year ago.


What are the necessary steps one must take to obtain copyright protection of photographs?

Expert:  Thomas Swartz replied 1 year ago.
HelloCustomer

Copyright automatically comes into existence whenever something is placed in a fixed form. Thus, for a photograph copyright protection begins once the photograph is taken.

However, before a person can bring a lawsuit to enforce copyright rights, that person must register the photograph with the U.S. Copyright Office.

Thomas
Thomas Swartz, Lawyer
Satisfied Customers: 2811
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and 3 other Intellectual Property Law Specialists are ready to help you
Customer: replied 1 year ago.


what does it cost to register a photograph?


Once registered is the photo marked identifying it as protected under copyright laws?

Expert:  Thomas Swartz replied 1 year ago.
Hello enjoyeverday.

Sorry for not responding sooner. The filing fee for online registration of a copyright is $35. If instead you decide to fill out paper forms, the registration fee is $65 - U.S. Copyright Office Fees.

The Copyright Office does not mark individual works as copyrighted. That is the responsibility of the copyright owner. And you would simply put a copyright notice on the photo in the form as follows:

© (or the word copyright), the year of first publication, the name of the copyright owner.

Thus for example it would look lie:

© 2013 John Smith

Thomas

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    387
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    374
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    371
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    339
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions