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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I hope that you can help me. 2 years ago a "friend" took some

Customer Question

I hope that you can help me. 2 years ago a "friend" took some photos of me and my dogs and gave them to me on a disk as a "gift". She is a professional photographer. I offered to pay for the images as it is her livelihood. She declined payment saying the pictures where a gift. I subsequently made a further 2 offers of payment in writing which she again declined. I later asked her if I could publish the picture in an article about my business in a magazine article about me and my dog business. She agreed and said that they where a gift to do with as I please. Assuming the photos mine to do with as I pleased, I later added the image to the back cover of my commercially available DVD. I did however forget to credit her under the photo, an admitted oversight on my part, which I have admitted and apologised for in writing. She has now advised that I am in breach of copyright and must cease using the image in future productions and she has threatened to persue me for part if he income from previous sales from the DVD. I am happy to cease use of the image on my DVD, and have already removed the image from the cover if the DVD since the time she wrote to me with a copyright infringement claim. Your views will be greatly appreciated. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether the friend said the photos were restricted in any use when you have the cd?
L
Customer: replied 2 years ago.

No she didn't say there where any restrictions. If she had have done I wouldn't have used them. I can not recall word for word what was said, but I know FOR SURE that if she had stated any restrictions, then I would have conformed to them, because that is how I conduct myself. Thank you for your help

Expert:  Ash replied 2 years ago.
But nothing in writing.?
Customer: replied 2 years ago.

No Nothing in writing

Expert:  Ash replied 2 years ago.
If there is nothing in writing there is not a lot your friend can do. That is because if the gift was conditional it should have been expressed as so.
It was not. It was just given to you. Therefore unless said otherwise you are free to use it as you wish. As long as you are not saying it's your own work, which you are not, there is nothing your friend can do.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 2 years ago.

Tank you for your help Alex. Greatly appreciated.

She is determined to take this further it seems, though I have written to her and told her that I have now removed the image from the DVD. If I need to contact you to discuss this further and if the action takes means legal action, how do I get hold of you again? Thank you Denise

Expert:  Ash replied 2 years ago.
Just post a new question and start For Aoex W
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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