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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3439
Experience:  Experienced in intellectual property law
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A well know artist used one of my photographs to make an

Customer Question

A well know artist used one of my photographs to make an identical drawing and sold it in a gallery.
JA: What written documentation do you have?
Customer: I'm not sure what you mean, it was a photograph.
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I published it on my instagram on August 17th, I had not filed a registered copyright yet.
Submitted: 3 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 3 months ago.

hello.

Customer: replied 3 months ago.
Hi
Expert:  Alex Reese replied 3 months ago.

that sounds like it could be copyright infringement, you should think about what you want to do about it and have an attorney send a cease and desist letter for you asking them to stop using it and (if you like) demand compensation for the unauthorized use. Practically speaking you cannot file a copyright lawsuit unless the copyright is registered.

Customer: replied 3 months ago.
I was under the understanding I have 90 days to register a copyright from date of publication?
Customer: replied 3 months ago.
I'm a professional photographer
Customer: replied 3 months ago.
He sold the drawing I sell my photographs
Expert:  Alex Reese replied 3 months ago.

There's no such rule (you can register at any time) but my point was regarding enforcement in court, you can't file a lawsuit until its registered (some courts may allow a case if the application is pending)

Expert:  Alex Reese replied 3 months ago.

got it, you should have a C&D letter sent asap

Expert:  Alex Reese replied 3 months ago.

the sooner the better to put them on notice and hopefully reach a resolution

Customer: replied 3 months ago.
Should I also register the photograph today online?
Expert:  Alex Reese replied 3 months ago.

yes you should register it

Customer: replied 3 months ago.
Thank you
Expert:  Alex Reese replied 3 months ago.

just see www.copyright.gov

Customer: replied 3 months ago.
I looked at that
Expert:  Alex Reese replied 3 months ago.

it has all the online filing info etc. best of luck!

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