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02/25/2008 01:17:33 PM · #1 |
(please lock if this has been covered before)
A stock photographer represents himself and wins lawsuit against corporation for their use of his image.
Geek Wins Copyright Lawsuit Against Corporation
Neat read. |
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02/25/2008 01:36:06 PM · #2 |
I bet the phone book company doesn't do that again.
I'm sure they could have licensed it for a lot less than $19K+. |
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02/25/2008 02:04:34 PM · #3 |
A similar story:
//www.cgstock.com/essays/vilana
Message edited by author 2008-02-25 14:04:38.
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02/25/2008 03:13:35 PM · #4 |
| If the photo was/had been registered with the Copyright Office prior to the infringement they could have been liable for up to $250,000 for deliberate infringement. If the judge found that they "forged" a document and tried to submit it as evidence, someone could be facing criminal charges which might make $19,000 look like a bargain ... |
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02/25/2008 03:23:42 PM · #5 |
yeah 20 grand does seem a bit small, i mean, to that company that money was a drop in the bucket, not even a slap on the wrist...
-cw
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02/25/2008 04:12:05 PM · #6 |
| Good on them for standing up for what is right. A lot of times people let these sort of things slide due to the financial cost or the fact they are unable to represent themselves and cant afford to pay a solicitor. |
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02/25/2008 04:43:30 PM · #7 |
I'm impressed they guy represented himself, but the question is how much time has he invested in this? It sounds like a full time job in which case $19,000 for two years doesn't seem like a lot.
In addition, who knows if he will actually ever collect a dime of it?
Neat read though. I read his whole blog and story and was quite fascinated. |
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02/25/2008 05:36:17 PM · #8 |
Originally posted by DrAchoo:
In addition, who knows if he will actually ever collect a dime of it?
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Once the court issues a settlement, he can collect. If the company refuses to pay, he can have a lien placed on some asset owned by the company (real estate works well, since the company can't hide a building or run it into a wall), have the tenants (likely the A-Holes he sued) evicted and sell the building for what he owes.
If I were him, I'd hope for that, just to put the screws to them even harder. |
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02/25/2008 06:14:03 PM · #9 |
Originally posted by Spazmo99:
Originally posted by DrAchoo:
In addition, who knows if he will actually ever collect a dime of it?
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Once the court issues a settlement, he can collect. If the company refuses to pay, he can have a lien placed on some asset owned by the company (real estate works well, since the company can't hide a building or run it into a wall), have the tenants (likely the A-Holes he sued) evicted and sell the building for what he owes.
If I were him, I'd hope for that, just to put the screws to them even harder. |
My guess is that he will have a very difficult time collecting. If I read correctly in his blog, the company has shut down and he has started a new company under a different name. Likely the judgment was entered against the company, not the individual. I would also venture to guess the individual (or the company) owns very little outright. The real estate is probably leased and the business equipment is probably already under lien from the equipment sellers. On top of all that, executing on a judgment takes a good deal of time and money. Although you can recover those costs, but only if the assets have sufficient value.
Chuck
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02/25/2008 06:18:25 PM · #10 |
Originally posted by Hye5:
Originally posted by Spazmo99:
Originally posted by DrAchoo:
In addition, who knows if he will actually ever collect a dime of it?
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Once the court issues a settlement, he can collect. If the company refuses to pay, he can have a lien placed on some asset owned by the company (real estate works well, since the company can't hide a building or run it into a wall), have the tenants (likely the A-Holes he sued) evicted and sell the building for what he owes.
If I were him, I'd hope for that, just to put the screws to them even harder. |
My guess is that he will have a very difficult time collecting. If I read correctly in his blog, the company has shut down and he has started a new company under a different name. Likely the judgment was entered against the company, not the individual. I would also venture to guess the individual (or the company) owns very little outright. The real estate is probably leased and the business equipment is probably already under lien from the equipment sellers. On top of all that, executing on a judgment takes a good deal of time and money. Although you can recover those costs, but only if the assets have sufficient value.
Chuck |
Actually he listed both the company and the individual in the lawsuit, but your point is exactly mine. Corporations seem to be able to just disappear and reappear with some legal magic. And while a personal bankrupcy would hurt the dude, it wouldn't help our hero collect any money. |
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02/25/2008 07:50:43 PM · #11 |
Originally posted by Hye5:
Originally posted by Spazmo99:
Originally posted by DrAchoo:
In addition, who knows if he will actually ever collect a dime of it?
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Once the court issues a settlement, he can collect. If the company refuses to pay, he can have a lien placed on some asset owned by the company (real estate works well, since the company can't hide a building or run it into a wall), have the tenants (likely the A-Holes he sued) evicted and sell the building for what he owes.
If I were him, I'd hope for that, just to put the screws to them even harder. |
My guess is that he will have a very difficult time collecting. If I read correctly in his blog, the company has shut down and he has started a new company under a different name. Likely the judgment was entered against the company, not the individual. I would also venture to guess the individual (or the company) owns very little outright. The real estate is probably leased and the business equipment is probably already under lien from the equipment sellers. On top of all that, executing on a judgment takes a good deal of time and money. Although you can recover those costs, but only if the assets have sufficient value.
Chuck |
The company surely had assets. Any new company that "bought" or "took over" for the old one assumed both assets AND liabilities. Also, if the guy in charge is simply playing a shell game to avoid payment, that's fraudulent and at that point it would be easy to go after the guy personally, even if he's not named in the judgment.
As for declaring bankruptcy, the ONLY way that would get discharged with his other debt is if the guy gets the judge to agree. Also, if the guy trying to collect places a lien against some property or other asset, that cannot be discharged in a bankruptcy.
Message edited by author 2008-02-25 19:55:22. |
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