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01/29/2008 08:12:57 PM · #76 |
every once in a while, I google copyright_image_reuse_prohibited for images...
some peoples' children!!
Looks like SandyP has an image on this one: here |
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01/29/2008 11:03:55 PM · #77 |
Originally posted by Skip:
Originally posted by Spazmo99:
As far as proving damages, simply having a means (website, gallery, art fair booth, etc) by which the image is for sale is enough to establish a value. The compensation does not necessarily have to be based on that value. |
if push comes to shove, i think that it would be a stretch for someone to take some nice photos, put them in an online gallery with rediculous prices, never sell any, find themselves infringed upon, then try to claim rediculous damages.
Originally posted by Spazmo99:
I know photographers that take their highest rate, triple it (that's their "rate" for unauthorized use to date) and invoice the infringer for that in the simplest cases of infringement. Any involvement by a lawyer and those fees are simply added to the invoice. The infringer can simply pay, negotiate a deal or continue to ignore the claim. If they go to trial, they will almost always lose and lose big. If they ignore the subpoena to trial, they will piss off the judge and there will be a default judgement and you can place a lien against any property they might own; like their house. |
i'm not buying it for cases such as the one that prompted this thread. if this were a case of an established gallery or an established ad agency ripping someone off, i would be agreeing with you 100%. i just think the way you're painting it with a one-size-fits-all brush is a little too blue-sky. otherwise, there would be an onslaught of people out there shooting like mad, registering the hell out of their work, then putting it out to be stolen, just in order to try to slam the infringers--just because there could be such a much greater payoff than selling the images traditionally ;-) |
It's really not that blue sky. It is a lot of work and a huge PITA to follow up and go after these people. It can pay off in the end, but with all the fuss, financially, it's probably a wash with properly licensing the images to a buyer in the first place. You can waste a lot of time and mental effort that should otherwise be used creating work and not chasing down infringers.
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01/30/2008 01:28:05 AM · #78 |
Originally posted by Spazmo99:
It's really not that blue sky. It is a lot of work and a huge PITA to follow up and go after these people. It can pay off in the end, but with all the fuss, financially, it's probably a wash with properly licensing the images to a buyer in the first place. You can waste a lot of time and mental effort that should otherwise be used creating work and not chasing down infringers. |
It's not hard at all and it's well worth it... if you have your images registered. At least here in the USA. For the 3 out of 4 infringers I found out about, all it took was a a couple of certified letters explaining what would happen if they didn't pay my fee for the illegal useage of my images and a recommendation that they talk to an IP lawyer about what could happen if they were sued for the illegal use of my "Registered" copyrighted images. I even provided them with the registration numbers and explained how they could look them up on the Copyright website. 2 of the 3 paid what I demanded with no delay and only a little whimpering. The 3rd was going to play stubborn until I had her web site taken down with another letter and my lawyer sent her a letter that said basically what I had said. That cost me $300 for him to do that, but after she finally talked to an IP lawyer, she paid up well before my deadline and I didn't mind paying my lawyer at all. If your images are registered and the person that is using your images is using them for any kind of profit, you don't even have to prove damages up to $30k or something like that. When people find out just how much it could cost them in legal fees alone if they are taken to court, they usually pay up the 3,4 or $5k very quickly to make their problem go away.
At least that has been my experience 3 out of 4 times in the last couple of years. The first time out of the four I didn't have my images registered and though she did pull the rest of the 12 month ad she had my image in, she just ignored me when I gave her a bill for the 2 ads my image did appear in. She knew that it would cost me thousands to take her to court. And I couldn't afford to, so I had to settle for getting my image removed. But I was ready the next 3 times. And it was no problem or a lot of work at all. I didn't necessarily enjoy it, but I did enjoy the money. :D
Mike
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01/30/2008 02:01:52 AM · #79 |
Originally posted by DrAchoo:
You sound like you work for the RIAA... |
Only if he goes after 10 year old children.... |
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01/30/2008 02:04:19 AM · #80 |
Originally posted by TooCool:
Damn, someone finally takes one of my shots and I didn't even get a chance to see it...  taterbug sent me an email this morning to warn me (thanks dude!!!) but I didn't even get it till just now... |
I scraped it earlier... here's a screen shot:
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01/30/2008 04:43:52 AM · #81 |
| Please also read this thread |
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01/30/2008 05:16:09 AM · #82 |
Originally posted by TCGuru:
every once in a while, I google copyright_image_reuse_prohibited for images...
some peoples' children!!
Looks like SandyP has an image on this one: here |
More than just Sandy's... a lot of those are DPC shots. |
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01/30/2008 05:52:35 AM · #83 |
.
Message edited by author 2008-01-30 05:53:11. |
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01/30/2008 06:18:20 AM · #84 |
| Not only did someone steal Shannon's yin and yang egg, he had the nerve to post the setup steps as his own. Cindi left him a comment a few months ago, but the shot's still there... |
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01/30/2008 08:56:18 AM · #85 |
Originally posted by fir3bird:
Originally posted by DrAchoo:
You sound like you work for the RIAA... |
Only if he goes after 10 year old children.... |
Everyone knows kids don't have any money, you sue their parents.
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01/30/2008 09:21:44 AM · #86 |
Originally posted by Spazmo99:
Originally posted by fir3bird:
Originally posted by DrAchoo:
You sound like you work for the RIAA... |
Only if he goes after 10 year old children.... |
Everyone knows kids don't have any money, you sue their parents. |
Nah, sue the kid, so the parents will bail them out.
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01/30/2008 10:54:29 AM · #87 |
 BeeCee just sent me this one :
//mehmetorhandurdu.blogcu.com/4393269/
not sure how she found it...
of course, i'm flattered, as well as angry...
though not being able to tell what's written, i might not be as angry as i will be once i get a translation...
some people... yeesh...
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01/30/2008 11:00:58 AM · #88 |
Originally posted by TCGuru:
every once in a while, I google copyright_image_reuse_prohibited for images...
some peoples' children!!
Looks like SandyP has an image on this one: here |
On this same web page, there is a nice presentation about copyright law. It's worth a read.
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01/30/2008 11:49:16 AM · #89 |
Originally posted by kudzu:
BeeCee just sent me this one :
//mehmetorhandurdu.blogcu.com/4393269/
not sure how she found it...
of course, i'm flattered, as well as angry...
though not being able to tell what's written, i might not be as angry as i will be once i get a translation...
some people... yeesh... |
I saw that one when I followed Jojo's Google search link.
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01/30/2008 12:23:50 PM · #90 |
Originally posted by _eug:
I saw that one when I followed Jojo's Google search link. |
odd that i don't see it...
or did i just not go far enough down in the pages? |
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01/30/2008 12:27:13 PM · #91 |
I see it on Page 2 of the results.
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01/30/2008 12:36:09 PM · #92 |
Originally posted by _eug:
I see it on Page 2 of the results. |
hmm... must be something to do with safesearch... i can't seem to turn it off here at work...
odd |
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01/31/2008 12:25:01 AM · #93 |
Originally posted by kudzu:
Originally posted by _eug:
I see it on Page 2 of the results. |
hmm... must be something to do with safesearch... i can't seem to turn it off here at work...
odd |
yep. can't turn off safesearch at work, but once i turn it off, it shows up twice...
left a message on the page and the owner replied back w/ an appology and an offer to remove it, which is nice...
i still wanna know what it says, though... |
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02/01/2008 01:26:01 PM · #94 |
update : it's been removed... |
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