Copyright Issue

Mark1 wrote in post #11409998
It is a gain vs. loss question. And it can get quite convoluted. Yes, she broke the law. That is not a question. The question is what have you lost from it vs. what will you gain by going after her.

Your lawer fees will out weigh any gains you may get. You failed to mention if the images are registered as well. If they are not, your $150,000 fine has just been reduced to your regular retail price. $75? The fine you refer to is only for registered images.

And as mentioned the action could bring down your entire company. All you need is some reporter going through the court docket looking for interesting cases and them picking up on yours. Then the next thing you know you are on page three of your local paper about you suing a repeat customer over $75.

Not to mention you have a proven fan, and client, of your work who has had 4 sessions so far, who will now never come back. Is never shooting them again worth $75?

Now for the gain side......$75.

There are times to bet the farm, and go after people. And there are times for wrist slapping. You have to know when to use each approach appropriately.

It is my understanding I can still register it. If I pursue a legal claim I would register it. I'm not really leaning toward that avenue. I more or less want her to know that I know what she did. And yes I just want to be a ****.

I would drop this entire paragraph "I know clients look at my prices compared to some of the chain places and ask why I charge the prices I do....." You do not need to explain anything. And it only makes you sound whiney. And frankly the customers could not care less what your costs are. I think your argument is stronger without this in the letter.

jenirose3 wrote in post #11410022
It is my understanding I can still register it. If I pursue a legal claim I would register it. I'm not really leaning toward that avenue. I more or less want her to know that I know what she did. And yes I just want to be a ****.

You can... But you have 45 days from the day of infringement. And as the infringement has already happened, you have already lost your ability to go after punitive damages. You can now only go after actual damages.

So how's this:

Tammy,

I was over at Amanda's today and I noticed your Christmas card. As I am sure you are aware scanning a print image and using that file is in violation of my copyright. When you purchase a print from me you are only paying for the paper and the print image on it. You are not paying for printing rights. All of my paperwork provided to you prior to our first shoot specifically states regarding my copyright:

All images copyrighted by photographer, Jeni Rose-Dullaghan. It is illegal and unlawful to scan, copy, or reproduce Jeni Rose-Dullaghan's work in any manner or medium and punishable by law with fines starting at $150,000. As an artist, Jeni Rose-Dullaghan wishes to have complete control over the final look of her client's images, and scanned images damage her reputation as a photographer by distorting and devaluing the image quality.

Likewise, clients cannot authorize any reproductions of the images for commercial use, personal use, for photographic competition or display without express written permission. This includes scanning of work on Kodak picture makers or other printing/scanning machines at local stores (such as Wal-Mart, Walgreen’s, CVS, etc.), or on home printers and scanners.

I would appreciate in the future if you would respect my work and not violate my copyrights.

Thank you
Jeni

Much better. It is now all business and nothing personal. It notifies her that she did wrong and was caught. And what the consequences might be. But leaves it open as to what you will actually do.

Thanks I appreciate the help very much!

Depending on how busy you are. I would raise your prices $5 and use the money to register you images every week or month. Call it a 'process fee". It is only $35 for as many as you can fit on a DVD. So there is no real reason not to have them registered. Then your threat of $150,000 is now backed by the government, rather than an empty threat that you cant follow up on.

Good idea. I am busy but if I do want the teeth necessary to cover myself legally then I may need to find a way to integrate that into my workflow. Thanks again.

There is also lots of good information here:

http://www.photoattorn​ey.com/

jenirose3 wrote in post #11410119
There is also lots of good information here:

http://www.photoattorn​ey.com/

I have heard nothing but GOOD things about her. From people on all levels of the industry.

Depending on where you live, and because your communications where so clear.. I would look into small claims court (no attorney needed).

If that is something that is easy to pursue, I would first bill the client for the $75 and explain the reason for the bill (again) to them. If you are not paid, inform the client in writing that they owe you $75 for printing rights and indicate that you intend to take them to small claims court.

Here is the link for NJ.

not a professional photographer, but i do know something about copyright laws and how they are applied. i would drop this. if you don't like what she did with your print, it's really not that big of a deal. don't work with her again if you don't like what she has done with your work.

also, despite all your big legal talk and mumbo jumbo about the images being yours, i don't think you really know if the image is yours, particularly after the client has paid you for the image. frankly, you can state whatever you want in some kind of legal disclaimer, but that doesn't make it legally binding, or ethically persuasive for that matter.

ever create a music compilation and give it to a friend? ever dj at a party and not pay royalities to the artists? potentially illegal. maybe, but probably not, and i don't know of any case law that would dissuade me from continuing to share music--in an ethical manner--that i've already paid for.

in other words, i'm certainly no lawyer, but i don't think you have much of a case here....

This last post makes me wanna smash a computer into somebodies face..........WTF there buddy........lets just allow every client to walk all over us........well then I am off to go pick up a few groceries, and not pay for them, pick up a few gallons of gas unpaid, etc etc

ookay 'jimbers'

hey bosscat, no reason to throw a tantrum and curse at me. client paid for the prints. in my mind, she can do what she wants with them, within reason, after that. for example, if she wants to post them on her facebook page she can probably do that without impunity or invoking the wrath of the photographer.

Bosscat wrote in post #11410285
This last post makes me wanna smash a computer into somebodies face..........WTF there buddy........lets just allow every client to walk all over us........well then I am off to go pick up a few groceries, and not pay for them, pick up a few gallons of gas unpaid, etc etc