Legal Question in Entertainment Law in California
Photo used on radio station web site.
I was hired by a regional magazine to photograph a celebrity. The pay was
minimal as there's an understanding that more money can be made on stock
and licensing after a three month embargo. About 8 months after the
publication I was contacted by a large radio station that wanted to buy the
image because the subject was now at this station. When I responded to the
call I was told they had made other arrangements. Last week I happened
upon the station's website and discovered 5 different places where they had
used my photo, albeit, slightly modified. What should I do, or where might I
find info that will enable me to protect my rights?
2 Answers from Attorneys
Re: Photo used on radio station web site.
It sounds like they have violated your copyright. Email me if you'd like to discuss further.
Re: Photo used on radio station web site.
Assuming that you own the copyright in the photograph (as you indicate you do), you would have a claim for copyright infringement and money damages. Only the owner of a copyrighted work has the right to modify it, so their alterations would enhance, rather than diminish, your claim.
I would suggest you contact an attorney who handles copyright litigation. It seems clear that the station is not going to pay you simply by being asked.
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