A website stole my husbands photograph & is using it on their front page!!! What can we do??

Question

Hello. Ok my husband is a reggaeton artist, but he is not signed he is independent, so basically he makes almolst no money yet. Well I clicked on a reggaeton website & his photo was really big on the front page!! They dont even have his name or any credits listed under the photo. We own the photos & they were taken by a professional phtographer that also wasnt credited. The website says for sale on the top. We dont have the photo's copyrighted yet. What can we do about this???

Answer 1

I have to agree with CB.  They got the files somehow and more likely the photographer could have sold them to them.  If that was the case, the photographer would need to get a Model Release to sell the pictures.  It could be that the pictures were stolen from a site where you or the photographer posted them such as flickr.com etc

Good luck~!

Answer 2

It doesn't matter if the photographer had the copyright to them, it's still a matter of marketing via likeness. For those who are saying the copyright goes to the photographer...yes that may be but they still need a model release to sell images with a visible face on them. If the photographer didn't give the photos to anyone then the website stole from the photographer. I would have the photographer and yourself issue a cease and desist letter and if that isn't enough, you can most likely sue for likeness damages (i.e. publicity rights). The states with legislation includes California, Florida, Indiana, Kentucky,

Massachusetts, Nebraska, Nevada, New York, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin. The states with case law recognizing publicity rights included Connecticut, Georgia, Hawaii, Illinois, Michigan, Minnesota,

Missouri, New Jersey and Pennsylvania.  

Answer 3

ok I think that maybe everyone overlooked the possibility that the photographer may have granted permission for the use of the photo. I would call him and find out then the photographer and you need to address the situation together as a unified front to either have the photo removed or credits given to both. good luck!

Answer 4

Notify the website, and request that they remove the image since they're being used without your permission.  Do a 'whois' search, and get the address for the website contact, and send it there- certified return-receipt mail.  Give them a deadline to do it, and advise that if they don't remove it, you will be seeking compensation for using your property.  

Answer 5

If you don't yet own the copyrights to the photos it means that the photographer still does, he/she may have to be the one to take action unless you had a contract with the photographer that specifies that you are to own the rights to the images upon payment.  You should first request that the pictures be taken off the site and if that gets you nowhere contact the photographer and perhaps make a joint effort to get the matter resolved.

Answer 6

Copyright is automatic. It always belongs to the photographer. Write them and tell them you are owner of said photo and you request it be removed ASAP, or you will sue for damages.

Answer 7

Given that the photos aren't even copyrighted at this point, you may end up being up a creek. However, as the first poster suggested, kindly ask them to remove the photo and remind them that you are the sole owner and without permission they cannot use it.

In my opinion though, if your husband is independent and still not signed, wouldn't it be considered a GOOD thing that the site wants to use your husband? Maybe you can consider letting them know you want credit and this will boost your husband's exposure. Why get bent out of shape over it if you can somehow BENEFIT from it?

I know that seems contradictory but really, in reality, all it is is that you have two choices: Get in a huff and kindly ask for it to be removed even though you have no copyright OR use it to your advantage. Your choice.

Answer 8

I sounds like the photographer sold you the copyright, is that right?  If they didn't what you own are some rights to have and display the images of your husband, but no others.

The photographer always owns the copyright unless by contract he sells them to you.  

If you are willing to spend the money, you will have to contact an entertainment or electronic media attorney and pursue this using the law, since your personal efforts have not worked.

Contact ASMP and see if they can connect you to an attorney in your area who is competent in this area.

http://www.asmp.org