picture rights

[iachris]

What is the name of your state? Ia


>>> <[email protected]> 01/08/03 10:26AM >>>
I recieved a poster from one party promoting a show and placed it on my website. A second party contacted me and said the picture on the poster was his and had been on his copyrighted website. The first party maintains it is his work. Both parties worked together at one point, but are now rivals. My question is, can I be held responsible for showing the picture on my web site?

Chris Bott

 

[ChicagoLawyer]

you could if you are indeed infringing on someone else's copyright. Best bet is to remove the allegedly offending material and request evidence of copyright ownership from the squabbling parties.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[iachris]

thanks for the reply. how much liability could i have? The event is over in three days. I recieve no money for my site.

Also I posted on the site about the contraversy. I told people to go to the first parties site and decide for themselves. I think the poster became more of a news item then a promotion. Did any of these things decrease my responsibility? Other then removing the picture, what other things could i do like a disclaimer to decrease my liability?

 

[ChicagoLawyer]

if it has become a news item then sure, could be like public commentary, a quasi fair use argument. You are just telling peiople when and where an event will be. Not much different than if I had a link to, say, the Chicago Blackhawks and mentioned their upcoming games (Tonight, 730 against Phoenix).

Since you are only commenting and pointing out the whens and wheres and not making money off of it, your use may be viewed as legitimate.

Unless, of course, you are posting something that can only be purchased at the event. For instance, if it is an art show and the poster at issue is to be unveiled and sold at the show, then you are giving away what they have a right to sell. Big difference. Depends what camp you are in here. Act accordingly.

When all is said and done, your best bet is to remove the item. Infringement creates liability for a reason. It is BAD!

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[iachris]

it acually is a fight poster. The fighter who's picture is being fought over has no problem with the picture on the poster. Two promoters are fighting over who took the picture, rights, etc. The poster or prints would not be sold at the fight.

So the hockey ananogy is probably pretty close.

If you so desire you can check it out at http://groups.yahoo.com/group/desmoinesextremefighting/ the picture is the close up on the poster at the right. There is no question on the rest of the poster.