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I am an interior designer in Manhattan and I paid a photographer to take photos of a clients home that I finished - with her consent. I paid for the photos in full more than a year ago. They are up on my website as an electronic portfolio. There is no reference to the address, the name of the client - or anything personal on the website. Just photos of my work. Do I have all rights to these photos since I paid for them - or does she have the right to tell me to take them off of my website?

Submitted: 631 days and 18 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Optional Information:
New York, New York

Already Tried:
nothing really

Posted by Lawgirl 631 days and 18 hours ago.

Info Request

Are photos spelled out in your contract? Did you discuss that you would be taking photos?

631 days and 18 hours ago.

Reply

Reply to Lawgirl's Post: it was a friendly reference at first. There was no written record of anything. I verbally stated many times that I would be taking photos at the end of the project.

631 days and 17 hours ago.

Reply

what more information do you need?

Accepted Answer

Dear Decorator:

Thank you for your question.

You had a verbal agreement that you could take pictures of your work and post them. Based on the agreement, she would be in breach if she required you to take the photos down. Looked at another way, you own the pictures and if there is no identifying information about her from the photos, she really has no interest in whether you display you work or not. Now, she could file a lawsuit against you. After all, technically you can sue anyone you want for anything at any point in time. However, I have a hard time imagining what her damages would be or what her cause of action would be. As long as she gave you permission to take the pictures and they don't identify her or trace back to her, she has no interest in what you do with them.

Please let me know if you have any other questions. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are appreciated!

Good Luck!

-KAT

 

Picture
Expert: Lawgirl
Pos. Feedback: 99.0 %
Accepts: 
Answered: 2/28/2008

Lawyer

I am an attorney familiar with the above-stated subject matter.

631 days and 15 hours ago.

Reply

Thank You for your help. One more thing? Is there any type of specific law / reference that I could state as my defense in this case?

Posted by Lawgirl 631 days and 15 hours ago.

Answer

Honestly, your defense will defend on what you are sued for. Since I cannot fathom the cause of action, given the fact, I have no idea what your defense would be other than a verbal agreement.

If you get sued, come back, PM me and I am happy to provide my opinion with the relevant legal authority.

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