Legal Question in Intellectual Property in Washington

1. if I give a photon to a person for there enjoyment can they sell it or make copies and sell it.

2 If a photo is put on the web is it still copy righted.


Asked on 2/04/10, 9:43 pm

1 Answer from Attorneys

If you were the photographer of the photo, and you took the photo for your own use (not hired by someone else to take it, or not taken as part of your job), then you own the copyright to the photo. Depending on how you "gave to the other person for their own use," and assuming that you gave it to him/her STRICTLY for his/her own use, then you gave only a limited use license to that person and they cannot sell it or make copies of it for sale.

If you put the photo on the web, it is still exclusively your copyrighted property, UNLESS the web site where you put it has terms of use that say you waive your exclusive copyright interests in the photo. If it's your own web site, then it is exclusively under your control with respect to copyright rights. If it's on YouTube, MySpace or Facebook, it might be a different matter (look at the Terms of Use for that web site). If it is a matter that has serious financial implications, contact an intellectual property lawyer where you live for advice.

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Answered on 2/09/10, 10:09 pm


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