Q: I have a more detailed question in regards to legalities to copyrighted photo use.
I'm involved with a company that has a large community of 41,000 members on a social site. The original founder Janet has passed away recently, and someone named Melissa who is involved with a person named Dave who would take photographs specifically for the social page has threatened to sue us if we don't take the photos off from 4-5 years ago. Dave has had a stroke recently and cannot speak for himself. Without his consent, his representative Melissa wants us to take all of his photos down that Janet posted for him on the site, from the site postings 4-5 years ago. Does Melissa have the right to do so?
A: This is a difficult situation. The start of the analysis is that the original photographer owns the copyright unless transferred by agreement to someone else. Based on the facts you provide, there might be an implied contract between the photographer and the group, either by the conduct of the parties, or perhaps in emails or other messages that could establish an enforceable license that the group owns from the photographer. Because copyright infringement has significant penalties, both as to direct damages as well as the possibility for prevailing party attorney's fees, it is often best to remove the photographs while resolving the dispute. A written agreement providing a license would be ideal. If there are assets at risk of loss (either the group's or individuals), it might be a wise investment to seek the assistance of an experienced intellectual property attorney. Good luck!
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.
