using others photos on a commercial website

[WRR_S4EG]

What is the name of your state (only U.S. law)? Massachusetts

I am posting this for someone else who no longer has internet access...

The person in question (based in MASS) took professional quality photos of some cars which were then posted on the internet, no copyright notice was expressed.

The owner of a performance shop (in Florida) took those photos and used them on his shop's website without asking permission from the photographer. The website does not sell products or services directly but is used as an advertisement to bring people to his shop to buy parts/services.

Would the photographer have any type of case against the shop owner in this scenario?

Thanks!

 

[justalayman]

How did the website folks get the pictures? Was it as simple as they were taken off the internet?

If so, then the photog still holds the copyrights and as such, control of the pics.


Here is a little read on copyright rights.

U.S. Copyright Office - Copyright Law: Chapter 5

 

[WRR_S4EG]

Yes, the photographs were posted online for general public viewing. The photographer did not want them used elsewhere but did NOT state that when the photos were posted, however.

Also, the shop owner claims he asked permission of the car owner for use of the photos but still did not ask the photographer, if that makes any difference.

Thank you for that link, I read through some of it but didn't really come up with a definitive answer from it.

Basically my question is, if the photos are still being used could the photographer file a motion to have them taken down, and if the the shop owner still refused, could he take him to court over it?

Thanks again

 

[WRR_S4EG]

edit:

per this http://www.copyright.gov/circs/circ1.pdf

On page 7 it states the photographer would have automatic content protection from the time he took the photos until 70 years after his death. He couldn't sue the owner of the website until after the pictures were copyright registered. Since it's more than 3 months after the fact he could only sue the owner for actual profits and damages from the use of the pictures, which he probably couldn't prove much at all anyway...but could still have them legally taken down.

Did I get that right?

 

[justalayman]

sounds pretty close.

The photographer did not want them used elsewhere but did NOT state that when the photos were posted, however.

he doesn't have to although including a copyright notice does seem to impress poeple.

Also, the shop owner claims he asked permission of the car owner for use of the photos but still did not ask the photographer, if that makes any difference

so the shop owner can have the car parked in his lobby but he still cannot use your photos. The photos were not the car owners so he could not give permission to use them.