Q: I used photos to sell a guitar on Craigslist. The same ones the original owner posted. Now he wants to sue me. Can he?
I bought the guitar from this person. I bought it to resell. I used his photos. They show ONLY the instrument. No furniture, address', people or other personal items he had. Just the instrument. He says he will sue me for using them. I thought once you post anything on a public site, it could be used. Am I wrong?
A:
You are wrong.
The photographer owns the copyright to photograph you used. You infringed upon his rights in the images. If he registered with the US Copyright Office, you are likely on the hook for statutory damages, which can be up to $150,000 per infringement. If he did not register these photographs, you would be liable for actual damages, which are very difficult to prove, but would be up to a judge to determine based on the facts of your case.
Did he ask you to pay him for using the photographs? Generally people demand some amount of money before threatening suit. You might want to consult with an attorney to determine what a reasonable amount of money is to settle this claim, and to draft an agreement that would bar future actions arising from this claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
