Q: Copy right issue after business buy out
Hello, I had prior business buy out due to conflict settlement. The person is still having my profile pics as being its owner. How can I file a case and what’s the outcome.
A:
In a situation where your former business partner continues to use your profile pictures without permission after a business buyout, you may have grounds for a legal case based on copyright infringement and potentially misappropriation of likeness. Here's what you can consider:
1. Copyright ownership: If you took the photos yourself or had them taken specifically for you, you likely own the copyright to those images. If a professional photographer took them, ensure you have the rights to the photos per your agreement with the photographer.
2. Send a cease and desist letter: Have a lawyer draft a formal letter demanding that your former partner stop using your images. This letter should assert your copyright ownership and make it clear that they no longer have permission to use your likeness.
3. File a complaint: If your former partner does not comply, you can file a copyright infringement lawsuit in federal court. You may also have claims under state law for misappropriation of likeness or violation of the right of publicity.
4. Gather evidence: Document all instances where your images are being used without permission. This will help build your case.
Potential outcomes of a successful lawsuit may include:
- Injunctive relief: The court orders your former partner to stop using your images.
- Damages: You may be entitled to monetary damages, including any profits your former partner earned from the unauthorized use of your images.
- Legal fees: In some cases, you may be able to recover attorney's fees.
Keep in mind that legal action can be costly and time-consuming. It's often best to start with a strongly worded cease and desist letter and attempt to resolve the issue without litigation. However, if your former partner is uncooperative, legal action may be necessary to protect your rights.
Consult with an intellectual property attorney to discuss your specific situation and determine the best course of action.
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