Legal Question in Intellectual Property in Texas

I had a photographer that asked my wife and I if she could take pictures of our newborn daughter because she was just starting a business and never done new born pictures before. She said that she would give us a free CD with all of the pictures on it. When it came down to it she ended up charging us $150 for the pictures, and we felt a little extorted because those were the only newborn pictures we got. That aside, we paid the money and I asked them to take our pictures (which are all over their website) down. They have not done so yet. What can we do.


Asked on 9/11/09, 9:07 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

From your initial sentence, I take it you understood they would use the pictures to promote their business. I also take it the other side of the bargain is that you were supposed to get a free CD and release of copyright in return. You should be able, using the services of a competent copyright and contract lawyer, to void the contract and demand the pictures be removed, failing which you should have a claim for implied contract to get your $150 back. Unfortunately, no attorney will do it for $150 so you are probably left with just the option of going yourself to small claims court, which I suggest you do.

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Answered on 9/19/09, 6:19 pm


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