Copyright law question

[AnthonyRyanPhoto]

So here we go. I entered into a general partnership with a friend. He did not fill his obligation to the contract financially by the date set and the partnership agreement was null and void. He is trying to start a photography business of his own, and he screen captured images from my smugmug account, and trying to use them to promote his business. Obviously I told him he is an idiot and that is illegal. I need the actual legal code that states that a creator of the work is the owner of it. He is trying to say that because he held my lights on a shoot that he is entitled to use those images.

 

[Bitter Jeweler]

See a lawyer, instead of an internet forum.

 

[CCericola]

This is something you need a lawyer for.

 

[Formatted]

He's in the wrong, he owes you money.

Now go see a lawyer.

 

[CCericola]

There are a bunch of us that may have had experiences such as yours but, we are not lawyers. There is no telling if there are any weird clauses in your partnership contract that your former partner is waiting to pounce on you with. Get a lawyer, give him/her all the documents and evidence and let them do it the right way. Remember CYA: Cover Your Ass.

 

[KmH]

The section of law you seek is found in federal copyright law - Title 17 of the United States Code. www.copyright.gov

However, if your copyright(s) isn't/aren't registered with the US Copyright Office, you have little, if any, leverage relative to copyright.

...Beforean infringement suit may be filed in court, registration is necessary for works of U. S. origin....
...Ifregistration is made within three months after publication of the work orprior to an infringement of the work, statutory damages andattorney’s fees will be available to thecopyright owner in court actions. Otherwise, only an award of actual damages andprofits is available to the copyright owner....

Since it seems infrigement has likely already occured it is likely only actual copyright infringement damages can be sought and the image(s) would still have to be registered before an action would be accepted in federal court.