Unlawful use of my images - PhotoCamel

larryhales · 09-09-2009

I'll give you all the condensed version of this story. I did some shots for a website my wife was puttting together. It was an image of a crown. It was a very tricky shoot as there were several gems on it.
She used the image on her website and several weeks later she saw the SAME image (lifted from her site) being used on another site.
I sent them a nice little reminder, and was very nice about it considering the circumstances, about copyright infringment. I even offerend them to purchase the image so they could use it legally.
The response I got was very nasty. They claimed that they had another photographer take the image they were using. It's VERY obvious that this is a lie...
Can anyone point me in the direction of a good attorney who specializes in this stuff? I was going to be nice, but now I almost want to throw the book at them...

-Larry

KmH · 09-09-2009

Help! I've been infringed.

jeff martin · 2 Weeks Ago

If you didn't register the image with the copyright office, you pretty much out of luck.

KarnyDoc · 2 Weeks Ago

Larry,

Since you reside in Portland, there's one attorney who comes to mind: Bert P Krages, your fellow Portlander.

Dieter Zakas

Songman45 · 2 Weeks Ago

Quote:

Originally Posted by jeff martin

If you didn't register the image with the copyright office, you pretty much out of luck.

Why do you say that?

swampler · 2 Weeks Ago

Quote:

Originally Posted by jeff martin

If you didn't register the image with the copyright office, you pretty much out of luck.

Quote:

Originally Posted by Songman45

Why do you say that?

Because, if it isn't registered, you can only sue for fair payment for the use of the photos and cannot sue for damages.

Songman45 · 2 Weeks Ago

Quote:

Originally Posted by swampler

Because, if it isn't registered, you can only sue for fair payment for the use of the photos and cannot sue for damages.

Quote:

Originally Posted by larryhales

I even offerend them to purchase the image so they could use it legally.

As it was his original offer I didn't see fair payment equating to pretty much out of luck. Its doubtful a fedral court would consider anything greater than fair use at this point. If that was a valid offer the court is not going to up the antie just because the offer was originally rejected.

Steve

swampler · 2 Weeks Ago

Quote:

Originally Posted by Songman45

As it was his original offer I didn't see fair payment equating to pretty much out of luck. Its doubtful a federal court would consider anything greater than fair use at this point. If that was a valid offer the court is not going to up the ante just because the offer was originally rejected.

Steve

Maybe, but what lawyer is going to take a small bucks case? If you can get damages, then a lot of lawyers will work for a percentage. Without damages...no lawyer (or pay more than what you're out)...out of luck.

jeff martin · 2 Weeks Ago

What swampler said. I was freezing my buns on the golf course today.

jeff martin · 2 Weeks Ago

Quote:

Originally Posted by Songman45

As it was his original offer I didn't see fair payment equating to pretty much out of luck.

Fair payment-legal fees=less than out of luck.

09-09-2009	#1 (permalink)
larryhales Alpaca Location: Portland, OR Posts: 8 CamelKarma: 53 Editing OK?: Ask first Gallery \| Blog	Unlawful use of my images I'll give you all the condensed version of this story. I did some shots for a website my wife was puttting together. It was an image of a crown. It was a very tricky shoot as there were several gems on it. She used the image on her website and several weeks later she saw the SAME image (lifted from her site) being used on another site. I sent them a nice little reminder, and was very nice about it considering the circumstances, about copyright infringment. I even offerend them to purchase the image so they could use it legally. The response I got was very nasty. They claimed that they had another photographer take the image they were using. It's VERY obvious that this is a lie... Can anyone point me in the direction of a good attorney who specializes in this stuff? I was going to be nice, but now I almost want to throw the book at them... -Larry __________________ Members don't see ads in threads. Register your free account today and become a member on PhotoCamel - Your Friendly Photo Forum, gaining access to posting privileges, contests, free plug-ins and other downloads, unlimited online storage for your photographs, reviews, free marketplace listings, and much more.

09-09-2009	#2 (permalink)
KmH Bactrian Location: Central Iowa Posts: 1,990 CamelKarma: 2488 Editing OK?: Ask first Gallery \| Blog	Re: Unlawful use of my images Help! I've been infringed.
	__________________ Keith "Photography is at its core an attempt to represent the reality of light in a media that can't faithfully reproduce it." - Karl Lang NAPP. . . . .My NAPP referral link Digital SLR Basics (Blog) Online Galleries Adobe Bogen Dell Giottos hdrSoft Imaginomic Lexar Nikon Sekonic Sigma Topaz Labs Vivitar Vagabond Wacom Western-Digital

2 Weeks Ago	#3 (permalink)
jeff martin Vicuna Posts: 106 CamelKarma: 18 Gallery \| Blog	Re: Unlawful use of my images If you didn't register the image with the copyright office, you pretty much out of luck.

2 Weeks Ago	#4 (permalink)
KarnyDoc Vicuna Location: Randolph, NJ Posts: 101 CamelKarma: 122 Editing OK?: Ask first Gallery \| Blog	Re: Unlawful use of my images Larry, Since you reside in Portland, there's one attorney who comes to mind: Bert P Krages, your fellow Portlander. Dieter Zakas
	__________________ Everybody is somebody else's weirdo. - From a model railroading mailing list.

2 Weeks Ago	#9 (permalink)
jeff martin Vicuna Posts: 106 CamelKarma: 18 Gallery \| Blog	Re: Unlawful use of my images What swampler said. I was freezing my buns on the golf course today.

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