Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

I am a photographer. I just found out that a photograph I…

Customer Question
I am a photographer. I...
I am a photographer. I just found out that a photograph I took is being used on a newly released book, written by a local author.
I was not asked, and did not give permission to use the photograph.
I talked to the author and he claims that his daughter took the photograph and gave it to him.
The photograph has been published before with my permission, both online and in print.
I still have the electronic negatives.
Should I send him a letter demanding payment?
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 6 minutes by:
2/26/2016
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 2 years ago
Kendell Kelly, Esq
Category: Intellectual Property Law
Satisfied Customers: 602
Experience: Lawyer practicing in all areas of intellectual property, including patents, trademarks, copyrights, trade secrets and new media.
Verified

Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
Ok.
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 2 years ago

Yes, you will want to send him a formal letter to 1) put him on notice of the infringement and 2) start a proper file for yourself. Additionally, if you have not federal registered your photograph, you will want do that -- there is a three month period that must lapse before you will be eligible for full damages from the time of registration.

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
But registration of an image in not required, as I'm aware. Unless under a contract at the time, the copyright belongs to the photographer automatically, correct?
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 2 years ago

It does not have to be registered, but the damages are limited to actual losses rather than increased statutory damages. (see: https://www.law.cornell.edu/uscode/text/17/504).

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
Perfect, thank you.
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 2 years ago

So yes, you are correct!! However, a $39 registration gives you way much more threatening power!

Ask Your Own Intellectual Property Law Question
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 2 years ago

No problem! Happy to help!! Please rate your answer so my time is credited -- should you feel your current rating would be anything less than Good, make sure to give me the opportunity to fix it!!

_____________________

Use of this service does not create an attorney-client relationship. Inasmuch, our conversation is merely informational and should be used to find an attorney licensed in your local area that can further assist you.

Ask Your Own Intellectual Property Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an ip lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Kendell Kelly, Esq Your Own Question
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell Kelly, Esq, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 602
602 Satisfied Customers
Experience: Lawyer practicing in all areas of intellectual property, including patents, trademarks, copyrights, trade secrets and new media.

Kendell Kelly, 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:

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

883 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

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

Thomas Swartz

Thomas Swartz

Lawyer

466 satisfied customers

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

Ely

Ely

Counselor at Law

461 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

P. Simmons

P. Simmons

Lawyer

178 satisfied customers

12+ yrs. of legal experience.

< Previous | Next >

Related Intellectual Property Law Questions
My husband, Louis, created the cover art for the book series
Hello-My husband, Louis Jones, created the cover art for the book series “Conversations with God”, book 1, book 2 and book 3 by Neale Donald Walsch. My husband owns the copyrights to these book covers… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,403 satisfied customers
I published a book 9 years ago with Finishing Line Press. I
I published a book 9 years ago with Finishing Line Press. I hold the copyright. In the book it says, "No part of this book may be reproduced in any manner whatsoever without written permission from th… read more
Thelawman2
Thelawman2
Doctoral Degree
1,744 satisfied customers
I am a photographer and just found a photo I took on the
Hi! Yes! I am a photographer and just found a photo I took on the COVER of a calendar. … read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
If a publisher has the copyright to a printed book, can the
If a publisher has the copyright to a printed book, can the authors have the copyright to the book if it is an e-book with additional chapters and photos without original publisher receiving any royal… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I am interested in publishing a book that may feature the fronts
I am interested in publishing a book that may feature the fronts of homes, both new and abandoned, and was wondering if I need permission in the form of a legal letter to publish photos of personal pr… read more
BH
BH
Attorney
Post-Doctoral Degree
309 satisfied customers
I am administrator of a group on Facebook. A member recently
I am administrator of a group on Facebook. A member recently received an out-of-print digitized pdf copy of a book from a local collegiate library. The book was originally published in 1960. The publi… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
561 satisfied customers
I need to find counsel regarding German Copyright. I am executrix
I need to find counsel regarding German Copyright. I am executrix of my father's estate which includes previously unpublished artwork (paintings, drawings, photos) by a known German photographer, Walt… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is the following release form sufficient for interviews, photos,
Is the following release form sufficient for interviews, photos, or copyrighted materials used in a book? Release Form I hereby give permission to [Name] to use interview comments and photographs in [… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a manuscript that I would like to publish as an e-book.
I have a manuscript that I would like to publish as an e-book. The author was a prisoner serving a life sentence. He gave the manuscript to an editor with the intent of getting it published. He and th… read more
BH
BH
Attorney
Post-Doctoral Degree
309 satisfied customers
Im not sure if copyright comes under intellectual property,
I'm not sure if copyright comes under intellectual property, but I have a question regarding the legality of a computer game company using a photograph that I took and published in a book (the image w… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
i have a personal pic picture of mine on the front cover of
i have a personal pic picture of mine on the front cover of a book from some one else that i didnot give premision to use… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Who holds the copyright to a high school yearbook I was on
Who holds the copyright to a high school yearbook? I was on the yearbook staff for 5 years through junior and high school. None of my yearbooks have copyright notices in them and I'm pretty sure that … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Recently my photographer sent me a bill by surprise, demanding
Recently my photographer sent me a bill by surprise, demanding $500 for a picture he took. It was a collaboration of photographer, makeup artist, hair stylist(my wife) and a model - none were paid. No… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a photographer who worked with a woman who owned a modeling
I am a photographer who worked with a woman who owned a modeling agency. I took photos of her models, and gave her the model release I use to her so her models could sign it. I never signed my rights … read more
Ely
Ely
Counselor at Law
Juris Doctor
461 satisfied customers
I am currently writing a book about the Sundance Kid. I would
I am currently writing a book about the Sundance Kid. I would like to include in my book a photograph that was published in another book. Can I do so? Customer… read more
Law Professor
Law Professor
Law Professor
Post-Doctoral Degree
1,105 satisfied customers
I have written a book on my involvement with motorcycles, and
I have written a book on my involvement with motorcycles, and have used photographs taken from several books. I wish to obain permission to use these photos. Some publishers are in England. I am havin… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hi! Our 2 year old daughter was a bridesmaid in my brothers
Hi! Our 2 year old daughter was a bridesmaid in my brother's wedding last summer. My brother's wife was recently notified by the photographer that he had submitted a photograph to a wedding magazine o… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
466 satisfied customers
Im working on a non-profit self funded document for the chronica
I'm working on a non-profit self funded document for the chronically ill and would like to include "Drinking From The Saucer" by John XXXXX XXXXX. How do I get his permission to include his poem? My b… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 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