Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?
I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if her? The cows are not famous or zoo animals. Honestly didn’t question anything and didn’t know she was upset about any of it until I asked her not to use my art work for sale under her own name.
A: You own the copyright in photos that you took of the cows and have the exclusive right to copy and sell copies of them. Permission of the cows' owner is not required.
Robert E. Wasserman and Daniel Michael Luisi and 2 others agree with this answer
1 user found this answer helpful
A: Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S. marketplaces. Good Luck!
Daniel Michael Luisi agrees with this answer
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.