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A nat'l company is using pics of my house to advertise their product (print and on-line). I did not grant permission. Recourse
Houston, TX
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Posted 4 months ago in Copyright Infringement
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House was a custom-build (in Texas) in 1997. I bought it from original owners 4 yrs ago. I just discovered its use in advertising both in print and on-line by a national company based in Ohio. I do not know if consent was granted by designer (now deceased) or original owners, nor do I know from whom, if anyone, consent would be required. Photo was clearly taken from pubic right-of-way. Additionally, and perhaps immaterially, the house is mis-represented as having aluminum- or vinyl-siding (it has cement-board siding). If I am able and choose to pursue legal action, what type of atty would I need (business law, intellectual property law?)?
Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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Generally, there's no copyrightability in images of public buildings, so neither you nor the house designer owns any protectible rights that would stop someone from using your house in an ad. This question and its answers have a good discussion:
http://www.avvo.com/legal-answers/do-i-have-to-get-permission-from-the-owner-of-a-bu-24293.html As for the ad's misrepresentation of the aluminim siding, that 's not immaterial. There could be a state false advertising claim, if TX has such laws. I know TX has a Texas Deceptive Trade Practices Act, so you may want to consult with a TX lawyer about the feasibility of such a claim, but remedies may not apply to you since you're not going to buy anything from that company under the false impression that your house has some kind of siding you know it hasn't got. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
