Can they use my images???

[jlpeifer]

Hi all! I have a sticky / tricky situation I'm hoping someone can answer for me...

I did a commercial photo gig for a company (I'll call them COMPANY A) about 3 years ago. They paid me for my work. In return I gave them exclusive rights to use (but not resell) my images. About a year later they went bankrupt. About a year after that another company (I'll call them COMPANY B) bought some of COMPANY A's assets out of bankruptcy. I'm now finding that COMPANY B is using the images I licensed to COMPANY A. So the question is... Since the images were licensed to COMPANY A (which doesn't exist anymore) can COMPANY B use my images without paying me?

Thanks!

 

[CCericola]

If company B bought A's assets it probably includes contracts and licenses. How long was your license for? Will it expire soon?

 

[jwbryson1]

If company B bought A's assets it probably includes contracts and licenses. How long was your license for? Will it expire soon?

Good answer.

 

[tirediron]

Take your paperwork to a contract lawyer; have him/her review it and give you an informed, educated and probably more accurate opinion than you will get from a bunch of faceless people on the Internet (but don't forget to count your fingers after you shake hands! ).

 

[Benco]

That's an interesting one, Company A had rights to use the images but not to sell so where does that leave company B having purchased an asset that technically couldn't be sold....

I suspect that company B purchased the 'right to use the images' rather than images that were free from any restriction to use, interesting nevertheless. Ah Well...this is how lawyers make a living.

 

[jwbryson1]

Take your paperwork to a contract lawyer; have him/her review it and give you an informed, educated and probably more accurate opinion than you will get from a bunch of faceless people on the Internet (but don't forget to count your fingers after you shake hands! ).

We attorneys are a dime a dozen...

 

[KmH]

It's going to boil down to the specific language you used in the use license you gave to Company A.

If you did not specify a time limit, and/or if you did not prohibit transferring the license to another party, you're likely SOL.

An attorney familiar with publication and contract law may be a better choice.

 

[Mully]

You could send them a letter telling them they do not have the rights to use the images and would they like to buy the rights. There is a fat chance they do not have the original document you supplied to company A ...see if they bite, they might if you price is reasonable rather then get into a legal hassle.