Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

I sold a CD with images that I own (they are my images) but

Customer Question
One image on the CD...
I sold a CD with images that I own (they are my images) but One image on the CD was not mine on the CD. Total accident it got on there. I had no idea it was there. It was accidently copied into a file. Some companies used the image online for their website. Now the owner/company of the image is asking them to pay a fee for using the image. What do I do? It was a pure accident. Do the company's just pay the fee and move on? I sent an email to every company I sold a CD to asking them to not use that image online and if they did to pull it down immediately. Trying to avoid a lawsuit over an accident. Thanks for the help.
Submitted: 4 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 4 minutes by:
6/15/2013
IP Lawyer: Dimitry K., Esq., Attorney replied 4 years ago
Dimitry K., Esq.
Category: Intellectual Property Law
Satisfied Customers: 41,221
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
Verified

Thank you for your question. Please permit me to assist you with your concerns.

It is irrelevant if the image was accidentally or intentionally copied over, if it was used for profit, it is a potential infringement claim on part of the victim. The best thing you can do now is exactly what you have done--informed the parties that the image is copyrighted by a third party, and a request that the image not be used. The company here has the option of paying the fee and then suing you for the false affirmation that the image was not protected, or simply move on, pay the fee, and let it go. But in this case it makes no sense to offer them financial assistance until they actually demand it from you, should it ever come to that point.

Good luck.

Ask Your Own Intellectual Property Law Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I assist my clients with IP questions that arise in their daily course of doing business.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

859 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I am an artist that entered a contract with a company. I was
I am an artist that entered a contract with a company . I was using the soundwave tattoo technology and was a trained artist to provide services to clients . A client purchased and brought a design fr… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I have a sports apparel company that makes merchandise of
I have a sports apparel company that makes merchandise of defunct teams. I would like to make merchandise of some ABA basketball teams, however the NBA has trademarks registered on USPTO for all of th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Im so glad that I found you! Ok- so here is my question. I
Hello! Im so glad that I found you! Ok- so here is my question. I have been using the brand Core Embodiment since 2013. I have proof in old flyers, a video I made in 2014 that is on youtube, my biz ca… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
I am developing a robotics invention that we need a small
I am developing a robotics invention that we need a small graphics processor. My engineer wants to use a Raspberry Pi, but I'm concerned that is marketed by some British company or was originated by t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have created an app that uses the Fitbit API. The name of
I have created an app that uses the Fitbit API. The name of my website, incorporates the word "fitbit" in the name of the website. Fitbit distributes the API for others to utilize toward the creation … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have another question about publishing. I have a german
Good morning, I have another question about publishing. I have a german songwriter who is excited to come on board my project and has granted me permission to feature his song on my website, and let m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I would like to know if someone can rescind on a license
I would like to know if someone can rescind on a license contract dealing with Intellectual Property. The other party is trying to back out of this contract that granted me "irrevocable rights to use"… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
What are the rules when it comes to a band covering another
What are the rules when it comes to a band covering another songwriter's song live. If a band wants to gig with a roster of other artist's music and make money off of the gigs, are performance royalti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just started working as a sole proprietor (consulting &
I just started working as a sole proprietor (consulting & facilitation) and need someone to review and help me adapt the contract my client proposed … read more
Lori
Lori
Juris Doctor
281 satisfied customers
I downloaded a comp image to use for a mock up design for a
Hi there. I downloaded a comp image to use for a mock up design for a client. And put it on my online portfolio. Now I got an email stating I did copyright infringment even though the image has a wate… read more
Lori
Lori
Juris Doctor
281 satisfied customers
I have a site that posts articles about movies. I am using
I have a site that posts articles about movies. I am using still images from these movies in the articles. Is this fair use for the images? Would it be different if my website had a store attached to … read more
Lori
Lori
Juris Doctor
281 satisfied customers
What is the patent status of a patent application that has
What is the patent status of a patent application that has been abandoned by the person who filed? Can someone else sell an equivalent product without infringing?… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I've received a notice from a woman that is claiming to "own
I've received a notice from a woman that is claiming to "own star wars" symbols and own products with Porgs on it. but she doesn't work for Disney or Star Wars. I'm confused as to how this is possible… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If I have a recipe that I intend on using in an
if I have a recipe that I intend on using in an International food competition do I want to copyright it or trademark it? or both copyright the recipe and trademark the name? … read more
Ely
Ely
Counselor at Law
Juris Doctor
455 satisfied customers
I bought two watches from police seizure lot and thought
i bought two watches from police seizure lot and thought they were real. i listed them on ebay and listing was removed. this was months ago i just got a letter stating they wanted watchs and money. wh… read more
Lori
Lori
Juris Doctor
281 satisfied customers
I'm a graphic designer that did not sign a "work for hire"
I'm a graphic designer that did not sign a "work for hire" agreement or anything stating I would hand over Branding Materials to a company that I worked with. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I'm starting an outdoor spin event the name of my company is
I'm starting an outdoor spin event the name of my company is Spin 2 Win the word spin is protected by Mad Dog … read more
Lori
Lori
Juris Doctor
281 satisfied customers
I have a few questions regarding patents and someone trying
I have a few questions regarding patents and someone trying to patent something as his idea when just about everything he knows about it came from consulting with me as a so called friend/associate. I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x