Legal Question in Business Law in Texas

Copyrighted photos

I have recently started a home based business, making custom designs for shirts, caps and other promotional items. I also have a program which allows buyers to design their own shirts. They upload a photo and I put it on the shirt. I have recently been contacted by a photograpy studio saying I was using their copyrighted photos. These were photos that have been sold to folks and they inturn send a copy to me. I never see the actual photo so would have no way of knowing if it is copyright protected. Where do I stand legally, do I just need to state on my site that I am not responsible for copyrighted material sent to me?

Thanks so very much,

New business owner


Asked on 3/27/04, 11:39 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Copyrighted photos

First, discontinue using any of the photos that the studio claims is copyrighted.

Second, having been made aware that some people may send you pictures that may be copyrighted, you need to ensure yourself that the sender either took the picture, has a license to use the picture, and will indemnify you if others claim they hold the copyright to the picture.

See a good intellectual property lawyer in your area (look under Patents, not Attorneys) for the necessary documents.

It will cut into your business, but keep you out of federal court.

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Answered on 3/28/04, 1:00 pm


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