24 November 2008

13.0 U.S. Copyright Issues

Please post your question.

For a blog on U.S. copyright issues from the perspective of Canadians, see: www.copyright49.blogspot.com.



HendersonPhoto said...

I am a professional photographer and recently spent four hours photographing an acquaintance who was trying to get into the music industry. I did not charge her for any of my services and had no contract between her and I. I gave her permission to use some select photos on her website but told her to ask if she wanted to do anything else with them. I have since found out that she has edited the photos, overwriting them with text to use as promotional material on two separate occasions. One was used at a recent event in Las Vegas in which she was shopping around a reality TV show idea that may be picked up. She has also used them on various sites including Facebook and Myspace. She claims that she thought she owned the copyrights to the photos because they were of her. She is now tarnishing my reputation telling people I am difficult to work with and I would like to end all associations with her.
-Can I revoke the website privileges that I granted her?
-Can I send her a take down notice for Facebook and Myspace?
-Can I take any legal action regarding the use as handouts at events including altering the image by adding text over the top of it?

Thank you.

Copyrightlaws.com said...

Hi HendersonPhoto -- from this time onwards, I would recommend a written agreement/letter with all who you professionally photograph. Try creating a standard letter you can use in many circumstances and this will help avoid uncertainties that may later arise. You ask a number of specific legal questions -- I think it's best to discuss this with a local copyright lawyer in your area.