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: It is not as white and black as you wish. I think you should hire an attorney to get your strategy ready and respond.
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.
