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Thread started 22 Aug 2016 (Monday) 13:09
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Need an Attorney

 
Dustman
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Post edited over 7 years ago by Dustman. (2 edits in all)
     
Aug 22, 2016 13:09 |  #1

Does anyone here know of, or recommend an attorney (located inside the USA) for a copyright infringement against a large corporation, that would work for no money out of my pocket, and for just get paid by a percentage of money collected?

I appreciate any help in advance, thank you.


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Dan ­ Marchant
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Aug 23, 2016 00:46 |  #2

Did you register the copyright with the Copyright Office http://www.copyright.g​ov/ (external link) prior to the infringement (or within 90 days of first publication)?

If you did it will be a lot easier to find a lawyer who will accept the case, without payment up front, as they can claim statutory damages and costs. If not it will be a lot harder.

Carolyn E. Wright has a pretty good rep - http://www.photoattorn​ey.com/ (external link)


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Aug 23, 2016 09:03 |  #3

You aren't out of luck if the image is not registered. If you have a watermark on an unregistered image & they remove it, Carolyn E Wright's blog says: (external link) Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from your photo so that it can disguise the infringement when used. The fines start at $2500 and go to $25,000 in addition to attorneys' fees and any damages for the infringement.

Carolyn E Wright would be my first choice. There are others in post #7 of this thread: So this magazine stole my pics and used them in a feature


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Hogloff
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Aug 23, 2016 18:11 |  #4
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I'm looking for a photographer that will do the shoot for free and if I sell some of the images later on, I'll give him a cut of the pie. Got any takers?




  
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Aug 23, 2016 18:20 |  #5

Hogloff wrote in post #18104064 (external link)
I'm looking for a photographer that will do the shoot for free and if I sell some of the images later on, I'll give him a cut of the pie. Got any takers?

People in the arts are often offered this exploitive deal. Some even accept. But the arrangement is well established in legal practice. Contingent fee (external link)


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Post edited over 7 years ago by Wilt. (3 edits in all)
     
Aug 23, 2016 18:38 |  #6

OhLook wrote in post #18104073 (external link)
is well established in legal practice. Contingent fee (external link)

...but typified by the fact that the award value is potentially really high due to penalty assessments and/or due to large numbers of litagants (e.g. class actions) where the majority of the award are actually collected by the attorneys and the multiple litigants each get a small piddling amount.

It sounds like this is a situation of a sole litagant, and proof of 'damages' is typically difficult to achieve high value in copyright (vs. in patent holding) A poor starving new lawyer with a freshly minted JD and $250000 student debt might be tempted. he'll give YOU a very small cut of the pie.


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PhotogNY
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Aug 23, 2016 20:40 |  #7

OP, what state do you live in?


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Dustman
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Aug 26, 2016 13:21 |  #8

Dan Marchant wrote in post #18103375 (external link)
Did you register the copyright with the Copyright Office http://www.copyright.g​ov/ (external link) prior to the infringement (or within 90 days of first publication)?

If you did it will be a lot easier to find a lawyer who will accept the case, without payment up front, as they can claim statutory damages and costs. If not it will be a lot harder.

Carolyn E. Wright has a pretty good rep - http://www.photoattorn​ey.com/ (external link)

Yes the photo was registered with the US copyright office years ago


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Dustman
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Aug 26, 2016 13:22 |  #9

PhotosGuy wrote in post #18103602 (external link)
You aren't out of luck if the image is not registered. If you have a watermark on an unregistered image & they remove it, Carolyn E Wright's blog says: (external link) Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from your photo so that it can disguise the infringement when used. The fines start at $2500 and go to $25,000 in addition to attorneys' fees and any damages for the infringement.

Carolyn E Wright would be my first choice. There are others in post #7 of this thread: So this magazine stole my pics and used them in a feature

Have you used Carolyn yourself in the past?? You had a good experience?


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Dustman
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Aug 26, 2016 13:25 |  #10

Hogloff wrote in post #18104064 (external link)
I'm looking for a photographer that will do the shoot for free and if I sell some of the images later on, I'll give him a cut of the pie. Got any takers?


OhLook wrote in post #18104073 (external link)
People in the arts are often offered this exploitive deal. Some even accept. But the arrangement is well established in legal practice. Contingent fee (external link)


Wilt wrote in post #18104097 (external link)
...but typified by the fact that the award value is potentially really high due to penalty assessments and/or due to large numbers of litagants (e.g. class actions) where the majority of the award are actually collected by the attorneys and the multiple litigants each get a small piddling amount.

It sounds like this is a situation of a sole litagant, and proof of 'damages' is typically difficult to achieve high value in copyright (vs. in patent holding) A poor starving new lawyer with a freshly minted JD and $250000 student debt might be tempted. he'll give YOU a very small cut of the pie.

OhLook wrote in post #18104073 (external link)
People in the arts are often offered this exploitive deal. Some even accept. But the arrangement is well established in legal practice. Contingent fee (external link)

If I do not have money out of pocket to pay a lawyer, what are other options besides using a lawyer that works on a contingent basis. Why bother copyrighting my photos, if I do not have thousands of dollars in the bank to pay a future lawyer when needed. They do not have to accept the job, just as when I am offered to take photos for free, it is my decision to say yes or no.


www.DustinLevine.com (external link)

  
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Dustman
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Aug 26, 2016 13:26 |  #11

PhotogNY wrote in post #18104226 (external link)
OP, what state do you live in?

New Jersey.......and the corpoartation that is using my photo without permission is in New Jersey as well.


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moose10101
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Aug 26, 2016 13:40 |  #12

Dustman wrote in post #18107207 (external link)
PhotogNY wrote in post #18104226 (external link)
OP, what state do you live in?

New Jersey.......and the corpoartation that is using my photo without permission is in New Jersey as well.

My wife's cousin Guido lives in NJ. Maybe he could, you know ...




  
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Hogloff
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Aug 26, 2016 13:52 |  #13
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Dustman wrote in post #18107204 (external link)
If I do not have money out of pocket to pay a lawyer, what are other options besides using a lawyer that works on a contingent basis. Why bother copyrighting my photos, if I do not have thousands of dollars in the bank to pay a future lawyer when needed. They do not have to accept the job, just as when I am offered to take photos for free, it is my decision to say yes or no.

This is the ironic part I'm talking about. If the shoes were on the other foot where someone was asking you to shoot an event for free and if they sell some photos...you get a cut...this whole board would be up in arms. Table turned now and the concept looks OK?




  
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gjl711
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Aug 26, 2016 13:57 |  #14

moose10101 wrote in post #18107220 (external link)
My wife's cousin Guido lives in NJ. Maybe he could, you know ...

What? Make an offer they can't refuse? ;):)


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Aug 26, 2016 14:17 |  #15

Dustman wrote in post #18107207 (external link)
New Jersey.......and the corpoartation that is using my photo without permission is in New Jersey as well.

effin Jersey. vmad


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