Am a yacht broker. I took pictures under the assumption that when I sold the boat, I would benefit from the sale of the

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Customer: am a yacht broker. I took pictures under the assumption that when I sold the boat, I would benefit from the sale of the boat, thus there was no need to charge the client for use of the pictures I took with my camera/drone. The contract expired and in the process I also switched companies and the owner decided to stick with my original company with a different broker. Since I would no longer benefit from the sale of the boat, I asked them to take my pics/video down and use new ones. They havent. Am I in my right to file damages if the boat sells using my pictures?
JA: What state are you in? It matters because laws vary by location.
Customer: Florida
JA: What steps have you taken so far?
Customer: Ive offered for them to pay for to pictures/ and or take them down
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: o
Answered by Kendell Kelly, Esq in 5 mins 11 months ago
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Kendell Kelly, Esq
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Kendell Kelly, Esq, Expert

Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do or have exhausted the confines of the services allowed by the platform.


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Kendell Kelly, Esq, Expert

As the photographer, you are the owner of the copyright in the photography.  It sounds like the pictures were not registered, so you would not have federal but common law protection.  However, that is still copyright protection...and you are the owner.  Therefore, you could bring a legal action against the infringing users. Also, you could send a DMCA notice to the host of any of the sites your pictures appear on.

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Kendell Kelly, Esq, Expert

Now.. I do want to throw in just a couple caveats, make sure to check any agreements and if you did an assignment of your rights, the ownership part becomes moot.

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Kendell Kelly, Esq, Expert

When you return, let me know if you have additional questions. If not, should you feel your current rating would be anything less than Good, make sure to give me the opportunity to fix it!!

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Use of this service does not create an attorney-client relationship. Inasmuch, our conversation is merely informational and should be used to find an attorney licensed in your local area that can further assist you.


Customer
What is an assignment of rights?
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Kendell Kelly, Esq, Expert

A document where you assign (or give) your rights in the photos to another.

Customer
If it was under a broker contract but the contract expired, would that make the use of the pictures against the owner(me) copyright protection?
Customer
I hope that makes sense
Customer
They could only use the picture until the contract expired, and that's when I gave notice to take down or pay for the pictures.
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Kendell Kelly, Esq, Expert

Truly depends on the terms of the broker contract.  Is there an intellectual property provision?

Customer
Hmm, I'm not sure. Either way the contract expired
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Kendell Kelly, Esq, Expert

Even an expired contract will likely have some provisions that extent beyond expiration (like confidentiality).  Expiration doesn't mean that terms don't apply.

Customer
Customer attachment 6/30/2022 7:57:02 PM
Customer
Customer attachment 6/30/2022 7:57:30 PM
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Kendell Kelly, Esq, Expert

Neither of those addresses intellectual property or the photos, so unless there is something else, this agreement levels to default ownership.

Customer
Okay perfect! I was just trying to confirm that before I went to arbitration. Thank you so much!!
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Kendell Kelly, Esq, Expert

No problem! Happy to help!

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