Just discovered the problem today. The photo can be found on Flicker and was placed there by someone (name on metadata) who says the copyright is held by Microsoft. I have not tried to contact Microsoft. Wanted to get a legal opinion before taking my next step.
Your answer is excellent and I thank you for being so thorough with such a little bit of information. The link to Flicker was very helpful.
As a follow-up, I am concerned too about how he was able to even get the photo. Even though I do shoot stock, this photo has not been submitted let alone accepted. It concerns me that he might have been able to gain access to my computer. Heaven only knows why he would do such a thing.....I am a very little fish in a very big pond. Any thoughts?
i now have more information. my photo can be found on the windows 7 media center inside the sample pictures folder. it is the one of yellow tulips, one having a red stripe. the name of the man claiming it as his is david nadalin. he shows the copyright is held by the microsoft corporation. how does this improve my position. what should i consider as my next move. diane simpson
yes...if you went to the media center and viewed the sample photo folder.
thank you. i know enough about corporate lawyers to know they are paid to protect their client and if the client happens to be microsoft, they fight extremely hard. i will take your suggestion, contact my local attorney and hope there is someone within aXXXXX wish me luck and again my thanks. diane
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).