What are my rights if a magazine used my photograph on their cover without my consent?

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What are my rights if a magazine used my photograph on their cover without my consent?

They just took it, probably thinking “if it’s on the Internet, its free”. I have all copyrights to this photograph, I am the sole author of it. I never gave anyone the permission to use it commercially. I have registered it within the US Copyright Office. I don’t know what to do next: should I find a lawyer in the same state where the magazine is seated? They used it almost 5 years ago; is the case overdue? The case is pretty obvious; will lawyers consider taking it on a contingency?

Asked on February 20, 2013 under Business Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if you own the photograph that was used for the mgazine cover as opposed to your photograph simply being taken then the magazine improperly is using something that you own. Possibly a business attorney may be willing to take your case on a contingency basis.


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