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How Do I Have Artists Former Assocs Remove All Of His Artwork From Their Websites & Prevent Them From Trying To Sell Via PayPal

Asked over 2 years ago - Los Angeles, CA

My artist friend has severed relations with two former art agents yet they are still trying to sell his art on their websites via PayPal and other third-party websites that sell art. What are the proper steps in order to ensure the artwork is removed from all of their altogether? If there is a price tag or PayPal button; how can they be shut down. Please help and thank you very much! Kindest Regards. M.

Additional information
There is no signed contract between my artist friend and the two former art agents. I'm in possession of all but 4 pieces of artwork. The former agents have some images on CD that they have not surrendered/returned upon request; thus enabling them to keep the artwork online and for sale. My artist friend is an inmate on California's death row and has no way to verify that once he severed relations, that they have not taken down his artwork and/or have ceased trying to sell it online. Thank you both for your generosity in time and expertise. It's much appreciated! M.

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Attorney answers (2)

Ronald K. Phillips

Reputation Level 12

Answered over 2 years ago. Intellectual Property Law Attorney in Cedarburg, WI.

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Your friend should consult with an attorney.

There is not enough information here to understand the contractual relationship, rights and duties between your friend and the agents. Your friend should consult with an attorney to determine what the terms of the contract are, and from there can recommend action as needed, including a takedown letter to the agents and to the administrators at the third-party sites.

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Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Intellectual Property Law Attorney in Los Angeles, CA.

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I agree with my colleague. In order to understand the contractual relationship between the artist and his distributors, the artist has to provide a lawyer with the operative contracts to review, and see how they can be terminated. The artist may not be able to sever the relations just like that -- for example the agents may be entitled to notice of some period of time, there may be "sell off" periods of existing inventory, and there may be accounting and audit obligations.

The artist needs to consult with an IP/contract lawyer ASAP.

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.

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