I Need an Attorney

[Tedi17]

I'm in need of an attorney. Seems like there were a couple of attorneys out here. If you're an attorney or can refer one please DM me.

I need to file a suit over the unauthorized usage of one of my images.

Thanks
Tedi

[MyKey]

If your a member of the PPA they have lawyers which will fight for you and all part of your membership fee.

Just FYI if you are.

Good luck!

[Tom]

PPA
or
Photo Attorney

[Howard Barlow]

Hope you registered them. Otherwise...

[J Eddington]

Originally Posted by Howard Barlow

Hope you registered them. Otherwise...

Unless they removed copyright info from the photo :)

[Tedi17]

thanks for your comments, no attorneys???

[BenE]

Originally Posted by MyKey

If your a member of the PPA they have lawyers which will fight for you and all part of your membership fee.

Just FYI if you are.

Good luck!

Really... something new? That is not part of the indemnification insurance, as far as I can tell.

[MyKey]

Not new at all - I have used the hotline to talk to Lawyers, get advice and even have them stand beside me in several cases. They are on hand to help PPA members 24/7. If your a member when the incident happen call and see what they can do. Can't hurt for sure :)

[Howard Barlow]

Originally Posted by J Eddington

Unless they removed copyright info from the photo :)

Not really. Registered is registered. Not registered is...well...not many options.

[David Whatley]

Try member Jeff Lane here on TPF.

[scottbuckel]

Tedi - Tom gave some very good advice.

Read through the posts on Photoattorney.com Carolyn gives great advice and will work for you as well. She gives some great advice on the first steps you should take, do yourself a favor and read through her blog.

I have met Carolyn and she is a no-nonsense person that aggressively defends her clients and photographers.

PPA offers free consultation with an attorney in cases of copyright violation. They do not cover the entire cost of a case if it works out that way.

Keep in mind that many folks lose more money than they will make if they go to court in copyright violation cases. I know of one that the attorneys fees more than tripled the award amount.

I dealt with a copyright violation a couple of years ago, I followed Carolyn's advice, wrote a letter, and they settled and I got paid. The key thing to remember, try not to get emotional about the case, that will only make things go poorly. Also be realistic about the value of your image, understand the usage and how that determines the value.

Good luck and let us know how everything comes out.

Scott

[J Eddington]

Originally Posted by Howard Barlow

Not really. Registered is registered. Not registered is...well...not many options.

Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from your photo so that it can disguise the infringement when used. The fines start at $2500 and go to $25,000 in addition to attorneys’ fees and any damages for the infringement. The pertinent part of the statute is included below in the first link:
Watermarks Can Be Music To Your Ears | Photo Attorney

Additional articles:
Three More DMCA Cases of Note for Photographers | Photo Attorney
A DMCA Case of Note for Photographers | Photo Attorney


Carol Wright is a good attorney. I know of people who have used her. She recently just won a case against the artist Shepard Fairey.

[Howard Barlow]

Thanks, Janice, it supports my comment. Registered is registered, regardless of what may be removed, either a logo or meta. This link shows the law concerning the act of removal, as well as "...and any damages for the infringement."

[J Eddington]

I was just trying to say if he did not register his photo but had his copyright info on the photo and the person using the photo removed that information, that he could recover damages under this statute. The photo does not have to be registered to recover under this statute.

[Howard Barlow]

I haven't read the whole thing, but that seems to concern two issues. First, the act of removing the watermark, and second, "...any damages for the infringement".

I'm not an attorney, but according to Jack Reznicki, past PPA president, and his attorney, Ed Greenberg, if your images are not registered with the copyright office, you cannot get into fed court for punitive damages. The most you can get is the fee the offender would have had to pay for the use.

In the above link, if the images are not registered, the photog is pretty much limited, as the fines go to the government, not the photographer. So, while there may be a lot of money involved in removing the watermark, that act will result in a payday for the government and attorney. All the photog gets is his normal fee, if that.

The moral of the story... REGISTER YOUR IMAGES!!!