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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3424
Experience:  Experienced in intellectual property law
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I am a photographer and just found a photo I took on the

Customer Question

Hi! Yes! I am a photographer and just found a photo I took on the COVER of a calendar.
JA: What written documentation do you have?
Customer: what do you mean?
JA: What confuses you?
Customer: I dont have written confirmation... the woman who owns the doberman is the one who found the calendar. i shot the pictures for her
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: no, this just happened
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am a professional photographer, I was booked to take photos of a client's doberman dogs, I did... and now one of the photos that I took is on the cover of a calendar selling for $20
Submitted: 1 month ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 month ago.

hello

Expert:  Alex Reese replied 1 month ago.

when you took the photos, did you transfer the copyrights in any manner?

Expert:  Alex Reese replied 1 month ago.

was there any type of agreement?

Customer: replied 1 month ago.
Not officially. But as a photographer, I own that photo. I sold it to the paying client for her personal use only.
Expert:  Alex Reese replied 1 month ago.

then it sounds like you still have the copyright, I suggest you meet with an attorney to have them send a cease & desist letter to the publisher/seller of the Calendar...if it's a very small matter then you could send a letter/email on your own.

Customer: replied 1 month ago.
thats all i need to do?
Expert:  Alex Reese replied 1 month ago.

yes, you want them to stop using the photo and/or compensate you for the use. It would be better if your copyright was registered but not required at this stage (but it is required to file a lawsuit)

Customer: replied 1 month ago.
a copyright would be how with a photograph?
Expert:  Alex Reese replied 1 month ago.

if you are referring to how to register the copyright, see www.copyright.gov, it can be filed online for a small fee of around $40, you just have to get familiar with the process on the website

Customer: replied 1 month ago.
I have to do that for every photo I take?!!!
Expert:  Alex Reese replied 1 month ago.

you don't have to in order to have the basic copyrights, but you do to get the legal benefits of registration (e.g. filing federal lawsuit, statutory damages etc.)...sometimes collections of photos can be filed as a group is they are related

Customer: replied 1 month ago.
I have the originals from 2011. Does that help?
Expert:  Alex Reese replied 1 month ago.

yes it helps to show your authorship

Customer: replied 1 month ago.
Yeah, I found both actual original and my edited. I am also clear in the dog's eye
Expert:  Alex Reese replied 1 month ago.

I would see a copyright attorney right away to consider your options and what type of C&D letter to send them

Expert:  Alex Reese replied 1 month ago.

or you can try to do it yourself first and if you don't get results have the attorney do it

Customer: replied 1 month ago.
thank you
Expert:  Alex Reese replied 1 month ago.

obviously they will take a letter from the attorney more seriously and it's much more likely to get you faster & better results

Expert:  Alex Reese replied 1 month ago.

best of luck, and please rate me. thanks

Customer: replied 1 month ago.
I have 2 million followers on social media as a photographer. I'm not just some random girl with a camera. This will be absolutely taken seriously.

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