My images are regularly registered because I want to protect my intellectual property. I am amazed at the number of attorneys who feel that the only thing their client should do is pay a normal licensing fee for the image that they took without permission. Imagine if the laws of the land were similar and the only thing a person who stole a roast would have to do is pay for it. If there were no consequences for theft where would it end?
You are wrong when you assume that the infringers I catch, and get a settlement from, have deep pockets. Nothing could be further from the truth. The vast majority are just regular people. I wish it was the other way around since my settlement demands are much higher for a business or someone who uses my images for financial gain.
Scott
Scott Sharick Photography
www.scottsharickphotography.com
www.scottsharickblog.com
www.flickr.com/photos/scottsharick/
On Mar 10, 2011, at 3:24 PM, J Bryan Kramer wrote:
> Yea but your work is formally registered and obviously you are taking on
> deep pocket defendants.
>
> BK
>
>
> „"Only the print contains the artist's meaning and message." "
> ----- Ansel Adams
>
> J Bryan Krämer North Florida, USA
> photos at: http://pbase.com/photoburner
> blog at: http://www.photoburner.net
>
>
> On Thu, Mar 10, 2011 at 15:26, Scott Sharick <ssharick@mac.com> wrote:
>
>> Finding an attorney has been easy for me. The infringement is never in
>> question since it is my image and both parties know that permission was not
>> given. The only question that needs to be answered is how much is needed to
>> settle the infringement.
>>
>> For an attorney the small cases (less than $10,000) is usually only a
>> matter of a few letters to the infringer or their attorney. For that they
>> get a third. Any opposing attorney worth their salt knows that the court can
>> award up to $150,000 and court costs so settling early is a pretty good
>> scenario.
>>
>> For me it has gone pretty well. I am also amazed at the number if people
>> who settle without my involving my attorney (and losing a third of my
>> money).
>>
>> Scott
>
[Non-text portions of this message have been removed]
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