Q: Can I get sued over pictures of work taken as a subcontractor?
My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not be an employee because we had opened our own business, he gave them a w9 instead. Fast fwd 6 months, they split up so now we are getting our own contracts under our own business, we used pictures of work done by my husband while they were together and also after the brother's company was created. The wife hired a lawyer who sent a cease and desist letter for us to remove any pictures from Facebook or our website that had work done by their company. It is my understanding that in the absence of a written agreement or contract, whoever takes the pictures is the intellectual owner. (Pictures display workmanship and not their name at all). How do I respond to this letter?
A: I don't think this is kind of help you can receive on a public forum. In order to do it right, more analysis is needed. You need an attorney to help you to prevent litigation with the right strategy.
Bruce Alexander Minnick agrees with this answer
A: It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.
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