Digital BW, The Print

Alan Zinn wrote:

>How many times have you resorted to legal means to protect your pictures 
>(or email???)  copyright?
>
Twice...

>  How many resulted in compensation over the cost 
>of the legal action?
>
Both are still ongoing...

> Given that pictures are automatically copyrighted, 
>having the (C) registered or not, should be enough "protection." 
>
It isn't, read the reasons why in the links I provided earlier...  
Attorney fees are unavailable without registration AND you are forced 
into a position of proving actual damages.

I learned my lesson by NOT registering the images in the two ongoing 
cases. Had they been registered it would have been a slam dunk.  
Instead, it's been a real struggle to even get the infringers to discuss 
settlement..

One infringer was George Washington University who not only published a 
number of my images in their media guide without attribution, but they 
have refused to return over 300 images (negs and slides) as they were 
obliged to under the contract - that although we even had a $1500/image 
liquidated damages clause in the contract..

The second was the Atlantic 10  sports conference who ran my images 
without any attribution, but on a large series of posters, giveaways, 
and guides.  They did that even in light of the problems I had had 
hitherto with GWU (which they knew of) and continued to do so even after 
we sent a "cease and desist" notice.

In both instances the infringers even had explicit contracts with me 
that provided they could NOT use our images without proper 
attribution... These instances happened within the space of 3 years.  I 
won't even do the math on what recovery could have been were my images 
registered.. I get sick every time I do so.

Unfortunately, lack of proper registration meant we've had to resort to 
less clear-cut ways of pursuing legal actions.

> I would 
>like to see data on successful copyright infringement suites with regard to 
>pictures, particularly outside the realm of journalism - not just judgments 
>but real cash to the plaintiff. 
>

In cases where the images are registered.  My understanding is that most 
infringers settle before it reaches a courtroom.  As for numbers and 
statistics, those aren't my bag - I'm neither a statistician not a 
practicing attorney... You might try looking around on the net for some..

> I would wager that they are extremely 
>rare, certainly not worth the bother to the average picture-maker  or 
>emailer :-).  Also any suite filed in the U.S. against a non-U.S. violator 
>would be infinitely more unlikely to proceed past the snicker test.  
>
No question about that.. However, if the infringer is a large corporate 
entity it's not that hard to believe..

You seem to be proceeding as if the biggest worry is Joey Balogna making 
a copy of a print or posting a copy of it online..  Unlike music, that's 
less of a problem than the infringing by large entities.. Fact is,  the 
largest infringers ten d not to be individuals but corporate or business 
entities. Publishers have often been the target: people like Conde Nast, 
etc. 

 
Keith Krebs

"Just some guy," caretaker of the Multiverse's largest EPSON printer 
User Community (highly recommended by Vogon Poets and MegaDodo 
Publications), at:
http://groups.yahoo.com/group/EPSON_Printers/
and  the Multiverse's largest Canon printer User  Community at:
http://groups.yahoo.com/group/Canon-printers
"For the rest of you out there, the secret is to bang the rocks together 
guys"