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Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 11557
Experience:  Licensed Texas General Practice Attorney
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A friend of mine is a photographer and wants to build a website

Customer Question

A friend of mine is a photographer and wants to build a website to sell his photographs, but knows nothing about setting up a website or selling on a website. He's done all of the work, i.e. photographs with descriptions, but the tech he hired to set up the site suddenly seems to not know what he's doing. He and his neighbor have entered into an agreement whereby the neighbor will handle all technical issues and my friend will supply all artistic and literary elements necessary for the site. greement was settled with a handshake with a proposal with a timeline for completion of the site. My friend has furnished this individual with hundreds of photographs with descriptions in good faith, it's been 2 months since the start of this endeavor, based on the proposed timeline they are 6 weeks behind and nothing has been done on the site. In total, my friend has paid $600.00 to this individual, in addition to paying a monthly fee for a web address. It appears this guy is not going to hold up his end of the deal. But having said this, how can my friend ensure his work is protected from being stolen and what are his recourses? He can't afford to take him to small claims court and he still wants to move forward with the website.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Robert McEwen, Esq. replied 1 year ago.

RobertMcEwenEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RobertMcEwenEsq :

The photographs are your friend's intellectual property (copyright), even if they are not registered with the US Copyright office. You could also register the copyright online: . http://www.copyright.gov/eco/notice.html

RobertMcEwenEsq :

(*your friend can, that is)

RobertMcEwenEsq :

Assuming that there is nothing in writing that gives his neighbor any rights to ownership or use of the images, artwork, literary elements, etc... then the neighbor can't do anything about it.

RobertMcEwenEsq :

The neighbor doesn't have a license based merely on a handshake. And if the neighbor uses these, your friend can sue, get an injunction, etc...

RobertMcEwenEsq :

It's better if your friend registers the copyright with the US copyright office, because your friend could sue for past damages, statutory damages, and attorneys fees and costs (which cannot be sued for if it's a common law (not registered) copyright).

RobertMcEwenEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!h

Robert McEwen, Esq., Lawyer
Satisfied Customers: 11557
Experience: Licensed Texas General Practice Attorney
Robert McEwen, Esq. and other Intellectual Property Law Specialists are ready to help you
Customer: replied 1 year ago.

what is the fee for registering wi th the U.S. Copyright office?

Expert:  Robert McEwen, Esq. replied 1 year ago.
You can find the schedule of fees here:

http://www.copyright.gov/docs/fees.html

Customer: replied 1 year ago.

thanks

Expert:  Robert McEwen, Esq. replied 1 year ago.
You're welcome, and again, good luck to you!

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