Venice, CA asked in Copyright and Intellectual Property for California

Q: Copyright question: Someone is using my sample artwork of a job he never paid me to finish for an album cover.

I'm a visual artist and someone had asked me to recreate one of my images with them photoshopped into it. It was for an album cover and I was happy to help another artist out- I told him I would do it for $25, to which he agreed and asked if I could do it that day. I started working right away and we were texting throughout until I sent him a sample file- a few steps before finishing, and that's when he went completely ghost. He is now using the sample photo (slightly altered) for his cover. He is not a big artist. Is there any way I can legally stop him from using the image?

I know sometimes there is not much I can do (I generally always protect my work and this is a reminder to not send anything before pay)- here it is just principal and if I could do anything to stop him I will!

1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Send a letter. You could sue in small claims for the payment.

Anything bigger than that would be more expensive than the benefit.

Best luck!

1 user found this answer helpful

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.