This is a guest post by Joel Rothman of Schneider Rothman Intellectual Property Law Group, PLLC.
It seems innocent enough. Your interior designer client has posted one of your beautiful photographs of her latest installation to her Instagram account. The photo highlights your client’s design of an expansive living room with vaulted ceiling and massive stone fireplace.
Occupying the lower right corner of the frame is a demure crimson love seat by high-end furniture designer Donghia. The viewer almost does not notice the love seat, it is so unobtrusive. But, in a nod to its source, your designer client has “tagged” her Instagram post with #donghia.
A few months pass and you receive an excited call from your client. Her design has been chosen for an Architectural Digest feature! Of course, that is great news for you too! Soon the phone rings and an assistant art director from A.D. agrees to pay you a generous fee in exchange for an exclusive license for your photographs.
Life is good, you think. But wait, there’s more. Continue Reading »