If you have a copyright statement on your work,
©2010 by Joe Photographer all rights reserved
and that was removed, then you can sue under the DMCA not the copyright law
and recover up to $50,000 per violation and recover legal costs as well. I
think of that as a cheap copyright and include a statement on the border of
every image that I post.
BK
"In photography there is a reality so subtle that it becomes more real than
reality."
----- Alfred Stieglitz
J Bryan Krämer North Florida, USA
photos at: http://pbase.com/photoburner
blog at: http://www.photoburner.net
On Fri, Oct 22, 2010 at 14:01, Scott Sharick <ssharick@mac.com> wrote:
> As a rule never send a bill for an infringement of your images.
>
> Send them a one time offer to settle. As I understand it, if you send a
> bill you may limit yourself if there is ever a need to go to court.
>
> If you end up going to court the infringer can show that you wanted $XXX if
> you send them a bill for the use. If you send them a one time offer to
> settle the infringement then they cannot bring that up in court. Since it is
> up to the judges discretion to award up to $150,000 per instance it is in
> your best interest to never limit yourself. Of course this only applies to
> images that have been registered with the Copyright Office. Another reason
> to get those images registered!
>
> When I find an infringement I find the fair market price of the image as it
> was used, and multiply that times ten. I may alter this based on the
> infringement and the infringer. A mom and pop pizza store would not be dealt
> with in the same manner as an advertising agency. I make it clear that the
> amount I am asking for is meant to be a punishment for the unauthorized use.
> If I were to charge the going rate then there is no incentive for people to
> play fair and pay for the image up front. This increase amount also gives me
> a lot of room for negotiation.
>
>
>
> Scott
>
>
>
>
>
>
> Scott Sharick Photography
> Honolulu, Hawaii
> www.scottsharickphotography.com
> www.scottsharickblog.com
> www.flickr.com/photos/scottsharick/
>
>
>
>
>
>
>
>
> On Oct 22, 2010, at 11:51 AM, Maria Arango Diener wrote:
>
> > Good going Josh! Next time send them a bill in addition to the "cease and
> > desist" note.
> >
> >
> >
> > Once a shoe manufacturer based in Spain used one of my images without
> > permission in their advertisements. One of my alert friends sent me the
> > catalog and I promptly sent the manufacturer an official looking cease
> and
> > desist letter and a bill for "customary charges already incurred for
> > copyrighted image use". They paid me! I got a check for $3000 buckaroos
> and
> > an apology from the owner, who had hired an ad agency to produce the ad
> (the
> > culprit was the ad agency).
> >
> > $3000!!!
> >
> >
> >
> > If anything, the "bill" emphasizes the point that grabbing someone else's
> > work is a BIG LEGAL NO-NO. Most people are completely clueless about
> > copyright laws.
> >
> >
> >
> > Maria
> >
>
>
>
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