Copyright?
- Thread starter justleesa
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Marriard
Contributor
Vladi:I was working the last 3 years as photo/Dive Instructor in a Caribbean island. I have a copyright CD with UW pictures for sale at the island diveshops...
The resort I used to work made brochures, banners with my pictures and puted it on their website, shows, etc...
I did send a letter asking them do not use it. They did not care.
My lawyer told me this will be a huge lawsuit... around $100.000 per picture...
Big party coming soon...
$100,000 is the maximum under USA law that can granted for a single copyright infringement - it is rarely given. Depending on what they used the image for, it is standard that the damages to you will be Triple Damages for each usage violation (normally based on ASMP published rates) which can add up pretty quick for multiple uses.
If they are available to be sued (i.e. you can go after a USA entitity or similar), a good lawyer will settle this out of court at standard rates or close to standard. After fees this is about where I ended up in both cases that ended up in court.
As they are in the caribbean, who knows what laws actually apply.
M
OP
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Well I had posted a link to this thread in the board where the guy DL'd the picture.
He seems to still think that he is in the right and has outed (or is it outted?) himself.
For those of you that wanted to know who it is, look here:
http://vintagescuba.proboards2.com/index.cgi?board=general&action=display&num=1084505060&start=0
He seems to still think that he is in the right and has outed (or is it outted?) himself.
For those of you that wanted to know who it is, look here:
http://vintagescuba.proboards2.com/index.cgi?board=general&action=display&num=1084505060&start=0
gfisher4792
Guest
Ah, the classic deflecting blame defense.
"It wasn't my fault, it was my attorney."
"It wasn't my fault, and I won't even respond to your comment about erasing the copyright."
"It wasn't my fault and you are being mean to me."
Spinning it to make it look like he was a victim as well. And like you said, "still can't get that word sorry over your lips can you?" Some people just don't get it.
"It wasn't my fault, it was my attorney."
"It wasn't my fault, and I won't even respond to your comment about erasing the copyright."
"It wasn't my fault and you are being mean to me."
Spinning it to make it look like he was a victim as well. And like you said, "still can't get that word sorry over your lips can you?" Some people just don't get it.
Pedge
Contributor
He's not a gentleman!justleesa:
TheAvatar
Contributor
Photo Theif says what?
"Personal Responsibility? WTF is that???"
If his contact information is available publicly in the yellow pages, how are you revealing anything illegally? He wouldn't dare file a slander suit. No lawyer would take that because the judge would throw the case out. You only stated the facts. Expose this ******* and let the public decide.
"Personal Responsibility? WTF is that???"
If his contact information is available publicly in the yellow pages, how are you revealing anything illegally? He wouldn't dare file a slander suit. No lawyer would take that because the judge would throw the case out. You only stated the facts. Expose this ******* and let the public decide.
ShoalDiverSA
Contributor
I just read his response on the other board.
What a crock! How can your original email to him be interpreted as "aggressive"? Despite his blatant violation of the good faith that you have shown posting your pictures on the Web for our enjoyment, your email to him was very polite (IMO).
The way in which he tries to justify his actions is reprehensible.
Reptile alert!
Based on his response, I don't think that an apology will be forthcoming (maybe he thinks his response was an apology?!). You will either have to resign yourself to never getting a "sorry" or take legal action. In the end, all that is certain with the second course of action is that some lawyers will make money.
The fact that your original copyright notice was cloned-brushed out settles whether he knows he is guilty or not. At least for me. "Honest error..." my hynie.
The vagaries of the Internet community...
By the way, thanks for sharing your photos with those of us that respect you as a fellow human being. Pity about the others that have access to this great medium.
Looking forward to more great pics.
Cheers,
Andrew
What a crock! How can your original email to him be interpreted as "aggressive"? Despite his blatant violation of the good faith that you have shown posting your pictures on the Web for our enjoyment, your email to him was very polite (IMO).
The way in which he tries to justify his actions is reprehensible.
Reptile alert!
Based on his response, I don't think that an apology will be forthcoming (maybe he thinks his response was an apology?!). You will either have to resign yourself to never getting a "sorry" or take legal action. In the end, all that is certain with the second course of action is that some lawyers will make money.
The fact that your original copyright notice was cloned-brushed out settles whether he knows he is guilty or not. At least for me. "Honest error..." my hynie.
The vagaries of the Internet community...
By the way, thanks for sharing your photos with those of us that respect you as a fellow human being. Pity about the others that have access to this great medium.
Looking forward to more great pics.
Cheers,
Andrew
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ShoalDiverSA:
There is an old saying. "only a struck dog will bark", basically meaning only if hit in the right spot will someone react as he is reacting. He knows he's wrong, but he's gonna fight going down.
That is pretty much it...
my hynie too to make a even bigger statement! lol...
Thank you Andrew
Aloha Lisa
Leesa,
I would do a few things...
1. Send the C&D letter with an invoice via some form that requires a signature. That way you know he received the letter and invoice. If you ever decide to pursue this legally, then the paper trail is vital. The lawyers that I have dealt with love letters and "signed for" mail.
2. I would swing by his shop and check his business cards. If you are not local to his location, I am sure there are plenty of people on this board that would help you out. If he is in the Chicago/Northern Indiana/Indianapolis/Houston/San Diego area, I can get you the business card if you PM me the store name and address. I won't publish his info.
3. Take the post from ScoobieDoo on the other board with a grain of salt. It can just be a troll. *edit: just clicked on ScoobieDoo's profile and one can find out a lot of info there*
If he in fact did not use your photo on his new business card (like he claims to have done), the you won. Your WTF letter served as a C&D letter.
I would do a few things...
1. Send the C&D letter with an invoice via some form that requires a signature. That way you know he received the letter and invoice. If you ever decide to pursue this legally, then the paper trail is vital. The lawyers that I have dealt with love letters and "signed for" mail.
2. I would swing by his shop and check his business cards. If you are not local to his location, I am sure there are plenty of people on this board that would help you out. If he is in the Chicago/Northern Indiana/Indianapolis/Houston/San Diego area, I can get you the business card if you PM me the store name and address. I won't publish his info.
3. Take the post from ScoobieDoo on the other board with a grain of salt. It can just be a troll. *edit: just clicked on ScoobieDoo's profile and one can find out a lot of info there*
If he in fact did not use your photo on his new business card (like he claims to have done), the you won. Your WTF letter served as a C&D letter.
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