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Old 09-09-2009   #1
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Default 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


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Old 09-09-2009   #2
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Default Re: Unlawful use of my images
Help! I've been infringed.
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Old 11-02-2009   #3
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Default Re: Unlawful use of my images
If you didn't register the image with the copyright office, you pretty much out of luck.
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Old 11-02-2009   #4
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Default 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
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Old 11-02-2009   #5
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Default Re: Unlawful use of my images
Quote:
Originally Posted by jeff martin View Post
If you didn't register the image with the copyright office, you pretty much out of luck.
Why do you say that?
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Old 11-02-2009   #6
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Default Re: Unlawful use of my images
Quote:
Originally Posted by jeff martin View Post
If you didn't register the image with the copyright office, you pretty much out of luck.
Quote:
Originally Posted by Songman45 View Post
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.
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Old 11-03-2009   #7
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Default Re: Unlawful use of my images
Quote:
Originally Posted by swampler View Post
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 View Post
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
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Old 11-03-2009   #8
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Default Re: Unlawful use of my images
Quote:
Originally Posted by Songman45 View Post
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.
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Old 11-03-2009   #9
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Default Re: Unlawful use of my images
What swampler said. I was freezing my buns on the golf course today.
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Old 11-03-2009   #10
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Default Re: Unlawful use of my images
Quote:
Originally Posted by Songman45 View Post
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.


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