 Lisa Young |
Stolen Photo in National Ads
Thanks in advance.
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Brenda D. |
Google search Copyright laws, I hope you registered it with The library of Congress.
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Lisa Young |
No, I just entered it here and some other sites for photo contests. Thanks, will try googling that way.
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Lisa Young |
I found this about copywrites on the web since this is where they would have copied my photo from. Since October 31, 1988, works no longer need a copyright notice to have copyright protection. This means any image you find on a web page may be copyrighted. The traditional notice, such as "Copyright 1989 XZV Co." or " ©1989 XZV Co." is no longer required. Most web site content has been created since 1988, so beware." Also it said this: "Avoid copying or otherwise using images you find on web pages without permissionof the copyright owner. These and other uses violate Federal copyright law. The copyright owner can sue infringers for damages (the owner's lost profit), profits (any profit the infringer made), statutory damages (up to $10,000 and as much as $50,000 for willful infringement), and attorney'sfees and costs. They can get injunctive relief, and infringing copies and the equipment used to produce them can be impounded and destroyed. It is also a criminal act to violate Federal copyright law (see 17 U.S.C.A.§ 506). It may qualify as a Federal misdemeanor (with a fine as much as $10,000 or imprisonment for up to one year.)" So maybe I can ask for $50k, but settle for less. What's kind of ironic is if they had asked I probably would have let them use for like $1k. Betterphoto also has this on all photos. "Copyright for this gallery photo belongs solely to Lisa Young. Images may not be copied, downloaded, or used in any way without the expressed, written permission of the photographer." I think I will print that page with my letter. I'm sure it was this site they found it on because it is the only photo contest site that I have been emailed about using my photos for various things. Never turned down anyone.
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Lisa Young |
Okay, I finally found out how many members Direct Buy has, 500,000, so they made 500,000 copies of my image. Would I charge an amount per copy?
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Brenda D. |
if im not mistaking you can only sue if it is registered.Please go to the Library of congress then check the copyright to get the all the facts. it will be frustrating , try to find a lawyer who specializes in copyright law
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Lisa Young |
I found this and I think this is the first time they published my photo because it says the product is new, so will be registering it tomorrow to be within the three months window just in case. "Although a copyright is created automatically when a work is created, there is a procedure for registering a copyright with the Library of Congress. Remember, registration is not required for copyright protection. There are three benefits to registering a copyright. First, registration creates a public record of a copyright. Second, registration of a copyright is required in order to file a lawsuit for copyright infringement. Third, if a copyright is registered before there is an infringement or within three months after the first publication of a work, the owner of the copyright can claim certain alternate damages plus attorneyís fees. These alternate damages are called statutory damages and they can be awarded in a sum of up to $100,000 for willful infringements. The registration process itself, does not alter the fact that the owner of a copyright is always entitled to his or her actual damages plus any profits earned by the infringner. However, the suggestion that statutory damages and attorneyís fees are available can act as a catalyst for the quick settlement of a copyright infringement claim. "
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Brenda D. |
I wish you the best of luck with all of this and hope it gets straightened out to your benifit. BTW your gallery is amazing!!
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Raymond H. Kemp |
I'd quite trying to do a "do it yourself" fix to this situation. If you feel that you indeed have a bona fide case of copyright infringement, then your best bet is to retain legal counsel. This is not at all a good site to get appropriate legal advice on such a matter. You can bet Direct Buy will have their law dogs in tow. Good luck! Ray
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Legal counsel might be a worthy investment since you put it in the contest four years ago and you quoted your information source as saying you need to file the copyright within three months of first publication. Plus, you stated you've never turned down those that have asked to use your photos before. You sure you didn't give somebody permission to use it, and there use was to give it to somebody else that made it end up in that ad. Good example why working pros register everything, and always draw contracts up. Mark will love this thread. Not love it as in like to see this happening, but love to add in on it.
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Pat Harry |
Are you all suggesting that each individual photo be registered or copyrighted? I've never done this, and can't imagine going through the process for each individual photo. But then I know nothing about this, so this is new to me.
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Marianne Fortin |
I think that if you want to take the matter to court your photo must be registered with the Library of Congress. This is my understanding from other discussions on this site. This costs money and is fairly complicated so you can see why most amateurs don't do it for every photo they might have on the web. Professionals should do it, of course, and there are ways to "bulk register".
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Mark Feldstein |
Well Lisa, unfortunately I don't really love to hear this kind of stuff which is becoming more and more prevalent these days. There are a tremendous number of variables in these situations. How much you would obtain in damages is dependent on a number of factors as well, including what type of infringement, if any, actually occurred. Not having actual notice of copyright on the work is somewhat problematic and may be ultimately be construed as "innocent infringement" rather than willful, if infringement at all. What you can claim and how you make your claim also depends on whether the work was registered. Certainly registration now is essential. You can intiate suit in federal court as long as the actual registration was made in a timely manner and is in progress. Also, before you start asking for royalties, you first need to send a "cease and desist letter" telling them to stop using it without your permission and discontinue any plans to use it in the future without your written consent. That's essential also, but a lawyer will do that for you. In fact Lisa, you really should bite the bullet so-to-speak and talk to a lawyer in your local area who specializes in copyright/intellectual property law and is a member of the local federal court bar. You can find them by calling the lawyer referral service of the county bar association and asking them to refer you to three names or so. You want someone who does this type of work full-time and that you can actually go see in their office. Beyond that, you should also stop discussing this matter in public forums because the information you include here can come back to haunt you later on. For example, statements like "I never included a copyright notice", or something like "Previously I'd let everyone else use it without charge". Aside from the age-old expression, "the man who has himself for a lawyer has a fool for a client" probably applies equally to women in your situation as well, I think. And you probably don't want to represent yourself in this matter since you're going after a company that presumably has "deep pockets" and believe it when someone said this IS complex. The potential defendants also need to believe you're serious about this and not simply bluffing or blowing smoke. Good luck. After you sign off on the settlement agreement let us know how it ended (without disclosing the specific terms of the settlement). ;>)
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Brenda D. |
ite really not that hard to register you photos just call,write ,or email to get you application,fill it out , you'll need a copy of the photo or photos youd like to register they can be on a CD as long as they have instructions to open and run the CD it cost $45 to do mail it in as soon as they get it consider it registered even if they havent got to look at it yet. they are very busy but within a few months you'll get a paper saying that they have it and put it on thier records. then get a lawyer who specializes in copyright law and work with him/her to get this fixed. it will either go to federal court or the other party will settle out of court. even if you dont get what you have sued for I think it would be worth it to let everyone know that as photographers this is how we make a living and will not be bullied by big companies.or people who think its ok to do what they want with our photos.as an amature or pro photographer you have equal rights to pretect your work.
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Marianne Fortin |
I have been checking out the US Copyright website (www.copyright.gov) for general information that would relate to registering photographs. To get the most protection you need to register photos within 3 months of "publication" date. (This includes posting on a public website like BP, I believe). You can register all the photos you publish during that period at one time (on a CD/DVD) for $45.00. You would have to do this every three months for any new photos so it would cost $180.00 a year (current fees). This is how I read it but it is quite complex, so I could have it wrong!
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Mark Feldstein |
It's really not all that complex Lisa. Here are two links for you: http://www.copyright.gov/title17/92chap4.html#408 That one covers all the statutory law and all the info you could need on registration, the purpose, the process, and fees. This is essentially the same information contained in the condensed version set out in the instructions for form VA which you'll find at: http://www.copyright.gov/register/visual.html In your situation Lisa, it would be advisable to send your registration forms and associated materials into the copyright office by certified mail so that you can demonstrate your work is in the timely process of being registered. You can also send in more than a single image and "batch" your work. Just follow the directions on the second link. It's quite straightforward, I think.
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Carolina K. Smith |
I do not know anything about this photographer/lawyer, but have bookmarked this page in case I ever got into a situation where I wanted to retain legal counsel... Maybe a short email to her would get a response or some leads as to recommended counsel in your area... http://www.photoattorney.com/ Good luck,
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Todd Bennett |
Carolina, I too have that site bookmarked; but, I have to wonder about her credentials. While she may be an attorney, that appears not to be her main focus. I will say that Carolyn Wright's photography work is good; but, if her main focus is not law, how do you trust her "expertise" in the legal world? At this site: http://www.photoattorney.com/aboutus.html Her bio says: "Carolyn practiced law with the Atlanta law firms of King & Spalding, one of the top 50 firms in the nation, and Neely & Player for more than 10 years. She has represented major clients in multimillion dollar litigation" And on this site:http://www.vividwildlife.com/about.htm her bio states: "Armed with more than 20 years of general business experience and a Masters of Business Administration degree" and: "This knowledge, combined with her training and experience as a teacher at all levels from grade school to graduate school" I, myself, have a hard time believing she is on top of her legal game after reading all of this information on a couple of different sites. I am suspect of someone that has so many irons in the fire. I don't feel I'm going to get the best from them. How do you keep up with law, practice law, do the things she has done with photography, become a teacher of children from grade school to graduate school, write books, teach photography, and all the other things she does? Something has to be lacking. Just food for thought here.
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Carolina K. Smith |
Todd, Excellent food for thought, though since she HAS been through law school and IS a practicing attorney with an interest in photography, she is probably leaps ahead of most of us photographers in the legal arena. I hope I never have to use such a lawyer, but if I did, I wouldn't hesitiate to make an initial inquiry with her which might come up with good leads for counsel in my area, or some thinking which might save me time and money from barking up a wrong tree. But your thoughts are well spoken. Carolina
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Isn't that the website that she has "consult an attorney" at the end of each answer to the questions? I wondered if that was a generalized advice that an attorney would give trying to say don't take things for granted. Or if that was a disclaimer coming from somebody who is giving advice because they say they know things about law, but just in case somebody follows what they say and it doesn't turn out exactly how it's written here, I'll put this at the end.
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Todd Bennett |
Well Carolina, I wouldn't spend 2 seconds with her on legal issues.
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wildlifetrailphotography.com - Donald R. Curry Contact Donald R. Curry Donald R. Curry's Gallery |
So, if I have 300 photos taken in the last 2 years I can put them all on a DVD and register them all at once, correct? Or, should I break them down by the year they were taken and make 2 registrations?
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Might be better to separate them into groups or categories. You can register a body of work. And while I haven't read so far as something that says subjects must be similar, you're allowed to register photos in groups, and you need to provide a hard copy as well as the files. And the hard copy can by in contact sheet/thumbnail sheet form. Need to read through what the website says because I wouldn't be surprised if they would reject registrations if it appears that somebody is trying to save up a large number of photos just so they can dump them for only $30.
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Todd Bennett |
I think there is a limit to the number you can enter at one time. I remember reading it somewhere; but, I can't find it now. It was something like 30 or 45 per entry. I could be wrong or it may have changed.
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Raymond H. Kemp |
This link might help: http://www.photoattorney.com/2005/09/registering-your-published-photos-as.html And this one: http://www.naturescapes.net/102005/cw1005.htm Ray
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Wayne Oliver |
Here something you might like to read about copyright-infringement. http://seattlepi.nwsource.com/business/334713_photolawsuit09.html
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Marianne Fortin |
These links will give you more info: http://www.copyright.gov/fls/fl107.html http://www.asmp.org/commerce/legal/copyright/qpublished.php
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