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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 24 May 2012 (Thursday) 11:49
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I'm being stolen from; being accused of "extortion"

 
SnapLocally.com
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May 24, 2012 14:49 |  #61

Well, the damage is done. I'm not sure how long exactly my image has been being used (at least a week), but the event is tomorrow, and the image is quite possibly in print form as well (posters, flyers, hand bills etc.).


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May 24, 2012 14:51 |  #62

RDKirk wrote in post #14479750 (external link)
A. You can register hundreds of images on one $35 online registration.
B. Because "derived works" are also protected, you don't have to register nearly identical images (such as taken at a high framerate).
C. You don't have to register images you will never publish or display.

Ok, I'm still uncertain- can I register my image and have it fully protected in this instance?


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FlyingPhotog
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May 24, 2012 14:53 |  #63

SnapLocally.com wrote in post #14479760 (external link)
Ok, I'm still uncertain- can I register my image and have it fully protected in this instance?

YES

You must register though before you pursue litigation in order to have all the cards stacked in your favor for both compensatory and punitive judgements.

Be sure you register it as "Published" though.


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Bosscat
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May 24, 2012 14:59 |  #64

I'd just smash them at the knees with a baseball bat........I'm past the point of arguing and sending invoices and paying lawyers because everyone assumes its all free........this internet and digital BS was never thought out very well before they jammed it down everyone throats.


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May 24, 2012 15:17 |  #65

SnapLocally.com wrote in post #14479760 (external link)
Ok, I'm still uncertain- can I register my image and have it fully protected in this instance?

Well, the damage is done. I'm not sure how long exactly my image has been being used (at least a week), but the event is tomorrow, and the image is quite possibly in print form as well (posters, flyers, hand bills etc.).

Even if you no longer had the ability to gain statutory damages, you would have had leverage for a settlement because you could have still forced the producer to recall all posters, flyers, et cetera in circulation.

Getting action tomorrow is obviously problematical, but if you could have started this action a couple of weeks ago, you lawyer could have threatened them with a recall judgment in sufficient time to get a settlement.

Something to know for the future.




  
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May 24, 2012 15:18 |  #66

I'd just smash them at the knees with a baseball bat........I'm past the point of arguing and sending invoices and paying lawyers because everyone assumes its all free........this internet and digital BS was never thought out very well before they jammed it down everyone throats.

I'd settle for throwing a pie in his face. A frozen one.


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FlyingPhotog
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May 24, 2012 15:18 |  #67

Bosscat wrote in post #14479797 (external link)
I'd just smash them at the knees with a baseball bat........I'm past the point of arguing and sending invoices and paying lawyers because everyone assumes its all free........this internet and digital BS was never thought out very well before they jammed it down everyone throats.

Right On!

I have a hell of a time using my mouse when I have a gun to my head...

;)


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tomj
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May 24, 2012 15:22 as a reply to  @ post 14479397 |  #68

"A notice to his printer will stop them from printing the image any more."

As the owner of a printing business, I agree with this. The printer is liable in a copyright infringement case.


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May 24, 2012 15:55 |  #69

I've been accused of extortion as well while trying to protect my property.

I'd do a couple of things:

1) Register the photos with the copyright office. This will also protect you in the future should the same (or different) promoter use your images again, at which point you'll be eligible for statutory damages as well.

2) Contact the promoter again and ask for his attorney's contact info.

If you get his attorney's info either contact his attorney directly yourself, or get your attorney to contact the promoter's attorney.

In my case it was actually the infriger's attorney who accused me of extortion, but that's probably expected from a criminal lawyer who's trying to advise their client on a copyright matter.Long story (external link) short, I ended up having to get my attorney involved.


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tats
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May 24, 2012 15:56 |  #70

FlyingPhotog wrote in post #14479301 (external link)
1) Register the image NOW
2) Hire an IP Attorney

Statutory damages are significantly higher when an image is registered and compensatory damages include attorney's fees. You guys all think an attorney won't go get their money in addition to yours? You must know some weak-assed attorneys.

This is what you have to do. Also since you mentioned it, small claims court is out - copyright suits are exclusive jurisdiction of federal district courts.


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May 24, 2012 16:17 |  #71

FlyingPhotog wrote in post #14479301 (external link)
1) Register the image NOW
2) Hire an IP Attorney

Statutory damages are significantly higher when an image is registered and compensatory damages include attorney's fees. You guys all think an attorney won't go get their money in addition to yours? You must know some weak-assed attorneys.

This is the best advice you can get. You made the mistake of quoting a price for their theft and that might come back to bite you. You may be entitled to a larger fee but they may pull out the email containing your lower offer when negotiating a settlement. Register all the images in bulk and find an IP Attorney, I found it very easy since they often take a case on a percentage.


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May 24, 2012 16:30 |  #72

It's looking bleak if I've got to travel to another state for court.


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smacatl
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May 24, 2012 16:53 |  #73

SnapLocally.com wrote in post #14480265 (external link)
It's looking bleak if I've got to travel to another state for court.

Find an attorney that is in the state of the offender. Let him handle the correspondence.

It's easy for someone to talk tough via email - not so much when an attorney's letter or Court Summons shows up by registered mail.


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May 24, 2012 17:18 |  #74

smacatl wrote in post #14480370 (external link)
Find an attorney that is in the state of the offender. Let him handle the correspondence.

It's easy for someone to talk tough via email - not so much when an attorney's letter or Court Summons shows up by registered mail.

^ This.

An attorney can appear on your behalf, if a court appearance is required, in most cases.


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May 24, 2012 18:48 |  #75

Register your image if you haven't already, this isn't advice to be "considered", DO IT! Also make sure you include any and all images similar to it, just in case. Contact an IP lawyer, they're not all bad people and the average settlement is $15,000 so it's worth the battle, not to mention lying thieves should not be allowed to get away with this crap. Forget anything else said - if you contact them again it's one simple line "you'll be hearing from my lawyer". No need for anything else, go after the moron.


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