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Thread started 30 Oct 2012 (Tuesday) 21:40
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The SyFy Channel is Stealing From Me!

 
crimsonblack
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Dec 30, 2012 23:19 |  #16

so, what's going on with this one?


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ions
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Dec 31, 2012 19:13 |  #17

I have a full time job, completing a masters all while having my first child. <- Excuses for doing nothing about it. I let it go. My plan was to send them an invoice but I did not. I expected the result to be futile and not worth the effort of trying to make a point. :oops:


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_aravena
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Jan 01, 2013 13:36 |  #18

I've seen this photo alot! Especially on those sites like that listing "12 Zombie Movies that sucked!" and the photo has nothing to do with the topic. Random $h1t like that.


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Luckless
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Jan 01, 2013 14:25 |  #19

ions wrote in post #15429100 (external link)
I have a full time job, completing a masters all while having my first child. <- Excuses for doing nothing about it. I let it go. My plan was to send them an invoice but I did not. I expected the result to be futile and not worth the effort of trying to make a point. :oops:

I don't know, the time it takes to write up a quick letter stating that you have found they were in violation of your copyright and a request for fair and reasonable compensation at least sends them a reminder to keep their noses clean. You might not actually get anything out of it, but with a bit of luck you may not only swing a small payment for their work but get some contacts for later projects. I think it was Space Cast who accidentally borrowed a former classmate's photo for something a few years ago, and that got turned into not only him getting a nice cheque for the original image, but also getting regular on the side projects and a paid on air gig for one of their "What our viewers are doing" type shows that looks at Geek Culture.

A little effort may not be as futile as you expect. Remember those companies make money off showing quality content in various forms, and they're actually willing to pay for it.


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Jan 01, 2013 15:29 |  #20

Offer a local lawyer 50 percent of any money he can recover for you, and then don't worry about it, if he delivers... good.


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gjl711
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Aug 27, 2013 12:10 |  #21

What was the outcome. It looks as if SyFy is at it again.
https://photography-on-the.net …/showthread.php​?t=1325580


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Aug 27, 2013 12:16 |  #22

gjl711 wrote in post #16244479 (external link)
What was the outcome. It looks as if SyFy is at it again.
https://photography-on-the.net …/showthread.php​?t=1325580


Same reason I came back in here. Looks like you may want to look into this if you haven't already.


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ions
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Aug 28, 2013 22:54 |  #23

Yeah.... I contacted the guy being ripped off this time to point out it's happened before. I [I]just[/] did that though and have not heard back yet. If I can be of help to this guy in any way I'd be glad to.


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rx7speed
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Aug 30, 2013 10:17 |  #24

curious at outcome of this one.


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Aug 31, 2013 16:09 |  #25

rx7speed wrote in post #16253358 (external link)
curious at outcome of this one.

The said part is this, from the infringers point of view with a shoplifters analogy;

I stole 50 iPods from various stores.
3 stores found out.
2 stores did nothing.
1 store sent me an invoice for the full amount.
We agreed on 50% of the value of the product.
We paid 50% of retail for one unit, and got 49 units for free.
Why should we stop!
Shoplifting is profitable ;)

Most photographers don't even register their images, which means they really have no clout in trying to resolve the issue in their favor. They can get the images taken down, but without registering they can't even get in the courtroom for a copyright infringement suit, and they forego all the nice benefits of protection the copyright act was created for.

If the image are registered, things definitely lean more in the photographer favor, and there is more leverage to negotiate with. Its a lot easier to negotiate a 3x, or 5x, or even a 10x normal rate settlement when the proof of ownership if already documented via copyright, and there are additional and stiff penalties the court can apply. Many times all it takes is a firm request on an attorneys letterhead with a copy of copyright registration and the statue listing the $75K/$150K per image penalties.


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ions
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Aug 31, 2013 16:27 |  #26

I'm Canadian, law is different. Photographer owns copyright, no registration necessary.


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sfaust
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Aug 31, 2013 19:31 |  #27

ions wrote in post #16256822 (external link)
I'm Canadian, law is different. Photographer owns copyright, no registration necessary.

I understand. It's the same in the US, you don't need to register to own the copyright. Like Canada, it's automatically granted at the time the image was taken. The difference is in the US you don't get the protections the law allows, nor can you file a copyright infringement lawsuit, without registration.

My comment was more of a heads up to US photographers that might find themselves in similar situations. It's cheap to register their images, and the negotiating power in a similar situation is significant.


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rx7speed
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Sep 01, 2013 00:42 |  #28

From my understanding (I'm no lawyer though) is you are still protected without registration. You can even file a lawsuit without registration. The big difference though is it becomes a little harder of a case and you are not able to sue for anything more then actual damages, or more or less what it would cost to license the image if they didn't violate copyright.


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sfaust
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Sep 02, 2013 09:50 |  #29

rx7speed wrote in post #16257688 (external link)
From my understanding (I'm no lawyer though) is you are still protected without registration. You can even file a lawsuit without registration. The big difference though is it becomes a little harder of a case and you are not able to sue for anything more then actual damages, or more or less what it would cost to license the image if they didn't violate copyright.

One prerequisite to filing a lawsuit under the copyright law is that the image is registered. Without registration the statutory penalties are off the table, which is really the only teeth we have. Without statutory penalties, its just the license fee, and damages if they can be proven. Plus, without registration the photographer will usually have to front the legal fees upfront in hopes of winning enough in the end to cover the legal costs. With statutory penalties, its more likely an attorney would take the case on a contingency basis.


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KirkS518
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Sep 02, 2013 12:05 |  #30

sfaust wrote in post #16261094 (external link)
One prerequisite to filing a lawsuit under the copyright law is that the image is registered. Without registration the statutory penalties are off the table, which is really the only teeth we have. Without statutory penalties, its just the license fee, and damages if they can be proven. Plus, without registration the photographer will usually have to front the legal fees upfront in hopes of winning enough in the end to cover the legal costs. With statutory penalties, its more likely an attorney would take the case on a contingency basis.

Where did you read that? I'd like to see it. It may limit 'statutory damages', but it wouldn't have an effect on punitive damages, which are usually obscene. Statutory damage minimum in the US is $750 per work, with the Supreme Court 'recommending' punitive damage be in the range of 4 to 10 times the actual damages (in this case statutory damages would be the same as actual damages), so the potential for an unregistered copyright violation could realistically be $4250 - $8250, unless the jury (and judge) agree to more. Registered or unregistered (from what I've seen) doesn't matter.


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The SyFy Channel is Stealing From Me!
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