What would you do?

[DEMDeepEllumMusic]

Originally Posted by Duffy Pratt

I'm sorry but this is not correct. Here is the relevant section of the United States Code. It provides that statutory damages and attorney fees are generally unavailable for works that were not registered either before the infringement or within 90 days of publication, whichever occurs first. There are two types of cases that avoid this limitation, but neither is involved here.

Duffy

How old is that code? Some parts of it were superceded by the Millenium Digital Rights act that I linked to.

[Duffy Pratt]

U.S. Code is current to within a year. The Act you linked to was passed in 1998. Its provisions are in the U.S.C. compilation.

Duffy

[Kevin]

I have been in Springfield MO all week, just now getting back to this thread.

Some of you asked where the photo was used on their site.

It is on this page: about half way down, it is not the ornament it is the photo labeled Brianna's first Christmas that shows the template of what you send to them. That is the template I sent them, they changed my daughter's name, so they did realize there were some privacy issues.

http://www.stockingfactory.com/phorcrpi.html



Here is what I intend to do.
I will contact them this week.
I don't really intend to demand money from them.
Even thought they should pay to use people's photos on their web site. (They do not own the photos.)
If they refuse or are unresponsive I will move on from there to other means.

If they have done this to me there is a good possibility that a large percentage of the photos on their site were obtained in the same manner.

I appreciate all the feedback I have received on here, you guys are the best.

[dfwlens]

As an aside, while the DMCA provides the infringer to pay attorneys fees and court costs, I havent met any attorneys that are willing to take DMCA cases on a contingency or deferred recovery basis. They want an hourly rate and/or retainer beforehand.

That leads me to believe that DMCA cases arent as open and shut as the law seems to read.