Legal Question in Intellectual Property in Texas

How much can I sue for if I payed a photographer to take pictures of me and I pay for the pictures and then the photographer sells one of the picture I payed for to an author and the author uses the picture of me as the cover of her book and then publishes it without being authorized.


Asked on 4/16/12, 8:35 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Unless you are famous, or unless you specifically purchased the copyright in the photograph, you likely have no cause of action against the photographer or the author. The photographer owns the copyright in the photograph and can do with the photo what s/he pleases.

If you are famous, you might have a cause of action under an infringement of your right of publicity.

There may be a cause of action in your state for the photographer's actions; you should speak � SPEAK � with an intellectual property attorney who practices near you to determine your rights.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 4/16/12, 9:47 pm


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