Hey guys its come to my attention that someone is using my photos out in Long Beach area on BP. I have never visited the area. She took photos AND videos! The photos have my name Kelly Kiss and other info like my website on them! She even took my name Kelly Kiss, her number is (562)-417-57*0
It is , but usually not actionable from a legal perspective unless you have sought copyright or trademark protection.
Pictures/videos are inherently protected; you don't have to stamp a copyright symbol or do anything to them! However, it does take work to pursue. I'd ask the lady to cease and desist, and if she doesn't, Kelly can ask BP to remove the ads. Technically the photographer/videographer owns the copyright, but they can relinquish that to the subject. Continuing to post copyrighted material actually has a high cost if legally pursued, and websites/ISPs are usually quick to remove disputed items, except for websites that purposely operate by stealing copyrighted material.
where a judge would no other choice than to rule in your favor because you have complied with certain laws and procedures. Yes, there are some protections automatically, but I think there are very few judges that are going to care if one provider is using another's photographs. Just my opinion, but I'm not a practicing lawyer in trademarks or copyrights, so maybe someone more qualified has a different opinion.
-- Modified on 5/1/2016 12:31:59 PM
-- Modified on 5/2/2016 11:43:25 PM