Dyke, VA asked in Copyright and Intellectual Property for Virginia

Q: Copyright Infringement- What do I do now?

I am a photographer with a registered Copyright. I work as a freelance for my own company and another company for sports. Under this, the photographs that I take are my own property. My school says that I must present them with my photographs because I am technically shooting for them which is not true. The PR Director disregarded my specific directions to not post the individual photos on her SmugMug account. I said I wanted her to post the link to my gallery of the photos. SHe also has the photos for sale that have my watermark on them and is making a profit off of them. I understand that when I am asked specifically by the school to photograph something, the photos are their property. WHen I am not photographing under their name, it is my property. What can I do?

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Intellectual Property Lawyer
  • Dallas, TX

A: The ownership of the copyright to the photographs will depend on your employment arrangement and any applicable contracts. An IP attorney needs to review all the facts and documents to determine who owns the rights to the photograph. In the future, it would be best to have an attorney prepare a contract that clearly defines who has the rights to the photographs.

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