Louisville, KY asked in Copyright and Criminal Law for Kentucky

Q: If I sold nude photos (over 18) to someone, and the photos are under no copyright, are they legally able to sell them?

I did not give consent for selling

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2 Lawyer Answers
Barbara Berschler
Barbara Berschler
Answered
  • Intellectual Property Lawyer
  • Rockville, MD

A: For the most part, copyright exclusive rights attach immediately when you take the photograph. If you took the photo originally and did not take a photo of someone else's photo, then you own the copyright rights in that picture. That does not mean you can distribute the photograph of the nude person without their consent in that they may have rights to privacy. However, if distribution/copying is not a problem, then as the owner of the copyright, you have the exclusive right to make copies of it or license someone else to do so. While the copyright rights attach immediately, the realistic ability to enforce the right to prevent others from making copies remains an important question.

If the facts are: You created the photograph and sold a copy to someone else then, yes, they can resell or give away that actual copy. It is like when you buy a book. You own the book and you can resell the book. However, as the book owner, you do not own the copyright in the book. Best to consult with local copyright counsel so that you fully understand all the issues which may be involved in your situation.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Agree with Barbara

No they can not distribute other copies of the foto you sold them

IT WILL depend on how you sold it and the terms and conditions of the platform you used.

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