So I find out my images are being used...

[Ranchu]

Can't he just pay the 50 bucks or whatever to register it right now? Then have teeth?

 

[x-ray]

It has to have been registered before it was used without permission.

On something like this even if you could collect damages what would the damages be vs the cost to take it to trial? You probably would win but I seriously don't think the award by the court would pay your legal bills. I could be wrong but the only awards of any size that I've seen were involving established professionals with a record of substantial income from their work. I might be wrong though.

If the offending user is out of state then it gets even more complex. Also if I remember correctly this is a federal matter not state or local. I'm not sure you'd get any credible lawyer to take a $1000 or less lawsuit to federal court. I've represented myself in a couple of smal claims court cases involving non paying clients and have always won but that's a county court issue. There is to my knowledge no small claims court In Federal court.

 

[Mr_Flibble]

From a very short reply to my questions I got last night I get the idea that the acquaintance did not supply the photos himself, just the article text. If that's true, I'll be sending a polite letter to the magazine shortly.

This is on a global scale by the way, The magazine is British, my acquaintance is in the USA and I'm Dutch.

 

[JohnTF]

Turns out, I have an album cover, the album was a tribute album to an old friend, Steve Goodman, I sent a note to his manager, who simply ignored it.

I had given Steve images I had made of him, --- too much agro to do much else,-- the manager knew who I was, just was a prick to not ask , nor give credit.

Should have at least sent me a few free albums. ;-)

There is a whole web page the department of Sacred Landmarks at Urban Affairs at Cleveland State set up. I asked for credit on the page, but they simply have ignored it. I had an agreement to assign credit, but -- in the end, I suppose we all choose our battles.

Funny, after I asked, they put their copyright notification on the web pages.

I am an Adjunct Professor, and as such, they simply could end all association with me quite easily.

If they have integrity, they will publish an apology and acknowledge your work, little else they can or will do now, IMO.

A proper editor would have asked for attribution for the photos, but today, who knows what passes for editorial talent.

Regards, John

 

[Mr_Flibble]

The plot thickens,

The acquaintance said he only wrote the article. It was forwarded to the magazine by another person in the group my acquaintance is a member of.
I'm assuming that guy also sent my images along.

Ordered a copy of the magazine to verify the extent of the infringement.

 

[kbg32]

Dear Keith,

No. Never get a lawyer unless (a) you are sure you are going to win a lot of money or you can get "no win, "no fee" or both.

ANY half-way decent lawyer will give similar advice.

Cheers,

R. (LL.B.)

Roger,

Maybe he has a friend who is a lawyer who can write a nice letter(!). Never say never.

 

[Roger Hicks]

Roger,

Maybe he has a friend who is a lawyer who can write a nice letter(!). Never say never.

Dear Keith,

Fair enough.

Cheers,

R.

 

[Roger Hicks]

It has to have been registered before it was used without permission. . . .

Eh? This doesn't even reflect US law. "Without permission" means... um... "without permission".

Start with the Berne Convention -- https://en.wikipedia.org/wiki/Berne_Convention -- and continue your research from there.

Cheers,

R.

 

[Ranchu]

Roger, as I understand it, there is automatic copyright protection upon creating a work, but there are a lot more, and more dire legal options when it's registered with the state. I thought you could register it anytime, but I guess not.

 

[ferider]

Roger, as I understand it, there is automatic copyright protection upon creating a work, but there are a lot more, and more dire legal options when it's registered with the state. I thought you could register it anytime, but I guess not.

Depends what you want to get out of it ....

From http://copyright.gov/circs/circ01.pdf#page=7:

- Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

- If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

- If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Roland.

 

[Ranchu]

Thank you very much for that good information, ferider! Also, M Flibble, you can register a mass of photos all at once for the same price as a single photo, you don't have to pay the fee for each photo.

 

[drew.saunders]

Watch this video: https://youtu.be/Yi9353BTM_s

It's about US law, which may or may not be appropriate for your case, but early on they mention how photographers love to get legal advice from other photographers online instead of actual lawyers in person.

 

[x-ray]

Eh? This doesn't even reflect US law. "Without permission" means... um... "without permission".

Start with the Berne Convention -- https://en.wikipedia.org/wiki/Berne_Convention -- and continue your research from there.

Cheers,

R.

Roger this is what I'm referencing. I'm in the US and not up on international copyright law.

"Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention 1 March 1989,[1] it continued to make statutory damages and attorney's fees only available for registered works)."

In the US you must have your work formally registered to be able to collect damages. Seems pretty clear doesn't it?

 

[Roger Hicks]

Roger this is what I'm referencing. I'm in the US and not up on international copyright law.

"Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention 1 March 1989,[1] it continued to make statutory damages and attorney's fees only available for registered works)."

In the US you must have your work formally registered to be able to collect damages. Seems pretty clear doesn't it?

No. Statutory damages are not the same as actual damages. The former do not need to be argued. The latter do.

Cheers,

R.

 

[kbg32]

My friend who collected damages form unlawful usage from the luggage store, registers his work regularly. That helped his case, plus the fact that every image that is digitally scanned has a unique signature in its binary code. That helped him in court doubly prove the image was cropped from his original scan.

 

[David Hughes]

Roger this is what I'm referencing. I'm in the US and not up on international copyright law.

"Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention 1 March 1989,[1] it continued to make statutory damages and attorney's fees only available for registered works)."

In the US you must have your work formally registered to be able to collect damages. Seems pretty clear doesn't it?

Well I never did! The USA are ignoring what doesn't suit them. Who'd believe it?

And, Mr Flibble lives in the Netherlands or - perhaps - Scotland; neither are part of the USA.

Regards, David

PS (Edit) I was dragged away from the laptop by domestic duties and so left out the traditional joke about the United States of Holland. Can you all take it as read? Thanks.

 

[kbg32]

Watch this video: https://youtu.be/Yi9353BTM_s

It's about US law, which may or may not be appropriate for your case, but early on they mention how photographers love to get legal advice from other photographers online instead of actual lawyers in person.

Precisely. That is why he should speak with someone in his own country about copyright law and how it pertains to him.

Posting here about this and what to do seems tantamount to posting about what kind of underwear one should wear.