Photographer awarded 12 million for copyright infringement

[hotrod4x5]

Amazing story! Photo Attorney: Photographer Gets $12 Million Verdict!!!

[brian.austin]

I suspect it will get reduced over appeals or the defendants will make it difficult to collect. Still, since it's civil court, the precedent will be nice for future copyright infringement cases.

Incidentally, that's a good site to keep up to date with photo legalities. It's a regular for me.

[hotrod4x5]

Brian the defendants didn't even bother to show up to contest the case. I'm not a lawyer, but I would hope that removes the right to appeal.

Collecting is another issue, no doubt. They'll probably file bankruptcy.

[brian.austin]

Originally Posted by hotrod4x5

Brian the defendants didn't even bother to show up to contest the case. I'm not a lawyer, but I would hope that removes the right to appeal.

No, it doesn't remove that right but it makes it much harder to get one through.

Collecting is another issue, no doubt. They'll probably file bankruptcy.

Bankruptcy doesn't always exempt one from court ordered awards. It might reduce it, however.

[Rodeoshooter]

Originally Posted by hotrod4x5

Brian the defendants didn't even bother to show up to contest the case. I'm not a lawyer, but I would hope that removes the right to appeal.

Collecting is another issue, no doubt. They'll probably file bankruptcy.

Originally Posted by brian.austin

No, it doesn't remove that right but it makes it much harder to get one through.



Bankruptcy doesn't always exempt one from court ordered awards. It might reduce it, however.

The failure of the defendants to even respond could be looked at by the appeals court as a blatant disregard for the copyright law and the legal process and could end up hurting them even more. Kind of a thumbing their noses at the law!

One would assume this company had business insurance which would give the plaintiff another avenue to recover the award. Bankruptcy is such a nasty thing when they use it to avoid paying for their law breaking.

This had to have went on for over several months before it finally got to court. I know in my copyright case it took 2 years before they settled.

Great news for photographers as this case can be used to help other photographers.

[brian.austin]

Originally Posted by Rodeoshooter

The failure of the defendants to even respond could be looked at by the appeals court as a blatant disregard for the copyright law and the legal process and could end up hurting them even more. Kind of a thumbing their noses at the law!

It won't help but how can it hurt them further? An appeals court cannot ADD to a punishment.

One would assume this company had business insurance which would give the plaintiff another avenue to recover the award. Bankruptcy is such a nasty thing when they use it to avoid paying for their law breaking.

Actually, because the insurance company wasn't involved in the beginning, they may get out of any contractual obligations to help here. Typically in cases like this, the insurance company will provide lawyers or at least assist.

This had to have went on for over several months before it finally got to court. I know in my copyright case it took 2 years before they settled.

Great news for photographers as this case can be used to help other photographers.

Very good news, indeed.

[Gary Mayo]

I have not followed the case, but you can ask for a judgment for 54 million over a pair of lost pants, but collecting is another matter.

What will end up happening here is peoples lives will be trashed over a simple photograph. How sad.

The lost pants people are out hundreds of thousands of dollars for misplacing a pair of pants for a month. I feel the courts are out of control because we have cranked out a system that allows this nonsense to take place. We are all the big losers in this.

[brian.austin]

Originally Posted by lincolninked

I have not followed the case, but you can ask for a judgment for 54 million over a pair of lost pants, but collecting is another matter.

What will end up happening here is peoples lives will be trashed over a simple photograph. How sad.

The lost pants people are out hundreds of thousands of dollars for misplacing a pair of pants for a month. I feel the courts are out of control because we have cranked out a system that allows this nonsense to take place. We are all the big losers in this.

Uh...you DO realize how that one turned out, right? The Chungs aren't out anything for the most part. Pearson was ordered to cover their legal expenses during the appeal verdict.

Court Rules for Cleaners In $54 Million Pants Suit - washingtonpost.com

Regardless, it's irrelevant to the copyright case here. Apples to oranges.

[loraksus]

12 million seems like a lot of money, but keep in mind, these are real estate agents who collected 15% or whatever the standard rate in Florida in closing costs on the sales of those 3 homes (the total sale value of the homes added up to 12 million, 15% is a cool 1.8 million). Assuming they sell more than 3 houses a year, they really shouldn't have all that much trouble paying up.
If they showed up, the judge would probably, at the very least, limited award to any profits they made.
It sounds like they were served properly and just decided not to go. That sort of pisses judges off and that's why we have a $12 million ruling.