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
>
> Scott Sharick Photography
> www.scottsharickphotography.com
>
>
>
> On Mar 10, 2011, at 11:51, J Bryan Kramer <codeburner@gmail.com> wrote:
>
> > Yeah I think it is different in the US as I noted in the original.
> >
> > Yes in theory you are instantly covered by copyright the moment you click
> > the shutter. But unless the infringer is within your local court (small
> > claims court in the US) jurisdiction that 'protection' is worthless. If
> he
> > is at any distance you will never get an attorney to take the case unless
> > you pay him upfront for all his legal charges. Even if you can use small
> > claims the recovery problem remains.
> >
> > If you register your work formally then of course you might get an
> attorney
> > if the infringer has deep pockets and an attorney is willing to take a
> > gamble that he will win and recover. You can get a $50,000 judgment
> against
> > someone but since we gave up debtor prison you might well never see a
> dime
> > of it. You can imagine what your chances of recovering from some psych
> major
> > in college are.
> >
> > 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 12:32, Andrew Mills <ajmills@ajm.me.uk> wrote:
> >
> >> Hello,
> >>
> >>> And there is a further 'free' protection that you can add to your work
> >>> published on the net. Just add the standard copyright statement:
> >>
> >>> ©2011 by Joe Photographer all rights reserved
> >>
> >>> And if that is altered or removed then THAT act activates the DMCA and
> >> you
> >>> can sue under that and recover legal fees and statutory damages with no
> >>> formal copyright office registration. In the US only so far as I know.
> >>
> >> I didn't come across any extra legalities with DCMA and removal of the
> >> copyright notice when I was last looking. But I am in the UK and the US
> >> may be different.
> >>
> >> If the image was created after April 1989 it is automatically covered by
> >> the Berne copyright convention and image should still be covered by
> >> copyright laws regardless of whether or not it has a copyright
> >> notice on it. But it does no harm to "remind" the viewer that it is
> >> copyrighted.
> >>
> >> The "all rights reserved" is no longer legally needed in most places,
> >> but there's no harm in including it.
> >>
> >> And make sure you do use the word "copyright", or the proper copyright
> >> symbol "©" (alt-0169 on Windows) and not "(c)" as that is not "valid".
> >>
> >> Without looking, there was the orphaned works bill that someone was
> >> trying to get pushed through. I can't remember if it was UK, US or
> >> worldwide now. It seems to have gone quiet, so I don't know what
> >> happened with it.
> >>
> >> That would have meant any image without a copyright and/or author info
> >> either visible in the image or in the meta data would be considered an
> >> orphaned work and open for anyone to use.
> >>
> >> Obviously people seem to have forgot that these are often easily removed
> >> or altered.
> >>
> >>> I just run an action to add it and my email address to the white frame
> >>> border I have on all my work on the web. The email address is
> protection
> >>> against the orphan works act if that ever gets rammed thru.
> >>
> >> I use breezebrowser pro, which easily allows me to batch add extra IPTC
> >> tags and text or image watermarks.
> >>
> >>
> >>
> >>
> >> --
> >> Andrew Mills
> >>
> >>
> >>
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