What to do if I am a designer that is being sued for using a picturethat Ifound on the internet?

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What to do if I am a designer that is being sued for using a picturethat Ifound on the internet?

A young women is suing me stating that I used her picture from facebook. However I got picture from a design community www.officialpsds.com.

Asked on May 17, 2011 under Business Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

She could possibly sue you if her picture was obtained illegally and without her permission or if it was used on a website without her permission. Unless you have something in writing from the site or otherwise showing that the picture is an image that one can use freely without copyright issue, you may indeed be sued. Whether or not that person will win the case will depend again on she allowed her image to be used publicly, somehow lost her right to the copyright on the image (like a photographer) or is freely licensable. You may wish to consult an attorney in your state on copyright and entertainment law. New York is a good place to be to find such an attorney.


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