Digital BW, The Print

At 12:31 PM 12/21/03 -0500, you wrote:
>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"
>
>
>
>Keith,

Thanks for the details.  Good luck with your litigation - given the way the 
dirty rotten scoundrels ripped you off I see why you are a "True Believer 
in (C)"  :-)

AZ



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