photo in advertisement

Subject: Re: photo in advertisement

Comments:
: Our Company received a personal photograph and testimoniol from a client that offered it to us for the purpose of using it in an printed advertisement. The photograph is not officially registered, however does have the photographers name stamped on it. The photographer has contacted us and says he is the copywrite owner of the photograph (as evidence by his stamp on the picture), and is demanding that we compensate him. We did use the photograph in one ad, and did not realize any financial gain from it. Is this photographer correct? If so, how will damages be assessed? Or is the client responsible for authorizing us to use the picture? Please Help

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