Jaackil Loc: Massachusetts

Gene FYI I am a graduate of an accredited university of law. I was not giving out any advice I was correcting the incorrect statement that there is no recourse if an image is not registered. That is a completely false statement. And while I am no expert in IP I can assure you I know a little more than you think I do but maybe not as much as you think you do. I don’t need to pursue the website, I have read the law itself something I suggest maybe you do. Your Logic is all wrong, just because there is no remedy in federal court for unregistered images does not mean that there is no copyright protection if the images are not registered. That is an awfully big leap to take. You read one thing and assumed another. Further the law actually says there is a limit to damages for unregistered IP. Stating that there is a limit if you read the law is stating that there is protection however it is limited. That limit is either what it would cost to have purchased a license or the gross sales. This is also called the acv or actual cash value which is basicly “loss” Where you are confused is the word damages. In this case damages refers to punishing the offending party above and beyond the owner of the properties loss was. Or if the OP’s business was adversely affected by someone using his images. Only cases that involve business losses (business loss defined as a decrease in business) or a negative impact to the business/individual or punitive damages would end up in federal court anyways. Neither of those apply here.
Again I will state the OP should speak to a lawyer and not listen to the prognosticators who quote websites.

Kozan Loc: Trenton Tennessee

The image you show does not have a valid copyright. You should have something like Copyright, then the copyright symbol, your name, then the year in four digits. Having just your name does not constitute a valid copyright.

I suggest you get a lawyer to send a Cease and Desist letter to the offending party. An official looking letter from a lawyer is usually all it takes.

Good luck.

catchlight.. Loc: Wisconsin USA- Halden Norway

And it goes on and on...

This is an advertisement on a news media board for a photo posted for sale by a promotional company. It was submitted by ether the photographer, or band and looks to be part of an agreement for the submission.

... the legal fees would exceed the value of a print of this unknown local band in less than one hour of consultation.

CHG_CANON Loc: the Windy City

Guess details were not emphasized in your course work nor your professional life, whatever that might be .... The infringement and settlement for Northrup occurred in Australia. That's another country, maybe you've heard of it? They have their own currency where AU$60,000 is more like $45,000 USD (in 2017). The Northrups also acknowledge that after all their effort and currency exchange, they pocketed $7,543.48 USD. Everyone else involved, lawyers and middlemen, took more money out of the settlement than the Northrups achieved. Beyond the numerous suggestions our OP waste their own money engaging a lawyer, the similarities of our OP's situation to the Northrup case are mostly entirely false, but I'm sure I've already wasted my time given your apparent export-level of comprehension.

jonjacobik Loc: Quincy, MA

Second Street Media is providing the marketing of you picture. (fine print at the bottom of the page) Their FAQ sheet refers to copyright ownership as requirement to submit a photo. If I were you, I'd start there, with a friendly request indicating that you are the owner of the copyright - and it's your name is identified on the photo and reqest they stop selling it.

I'll bet they will. They have a legitimate business interest in avoiding copyright violation.

Nice work on your part.

E.L.. Shapiro Loc: Ottawa, Ontario Canada

Nowadays we live in a litigious society- basically, it seems that everybody is suing everybody else! Lawsuits can become an expensive, aggravating and protracted affair that ends up with a cost far exceeding the amount of money in question. Of course, one must protect one's interest and principles.

I did not advise the OP to not contact a lawyer or use whatever legal recourse he has at his disposal to receive compensation. I think, he does have a case in that a third party SOLD an image that did not belong to them and where the OP holds intrinsic copyright.

My suggestion was simply to first directly contact the offending party and bill them accordingly. If, however that party refuse to cooperate, then it is time to take legal action. The news agency where this offender is employed may share some responsibility or liability.

I agree that seeking professional services from a lawyer is a prudent idea but the investment in sound legal advice should be more preventative than remedial.

On this forum and elsewhere, photographers frequently complain about theses issues- misuse or abuse of their images, unauthorized sales and publications, and simply not getting paid for their services or usages of their images. If these photographers are doing business where they expect payment, credit lines and other forms of compensation or remuneration for there images, they should consult a lawyer and produce the proper protective contract forms that cover all the eventualities that may occur in the course of doing business. All contracts and agreements should be in writing stating all the terms, conditions and of course, the disposition of the copyright ownership. A lawyer that is familiar with copyright, patent, and intellectual property law will advise on all the technicalities in the jurisdiction in which photographer is operating.

I am not offering this advice as a legal expert but as an experienced business operator. In my commercial photography business, I deal with small businesses, large corporations, government departments and I do photography for many theatrical and entertainment folks. My images end up on CD covers, advertisements, general publicity displays, brochures, posters, lobby cards and are given out to fans with autographs. The law firm I deal with has provided me with the all great protective stipulations to include in all my contacts. I deal with clients, agents, ad agencies, commercial printers, art directors, signage providers, just about everyone who has to reproduce my work with virtually no issues. Occasionally, if someone breaches any of my terms, I can usually settle the issue directly and diplomatically with the client.

It also behooves the photographer to do his or her own research. There are many books on photography and the law. There are organizations such as the ASMP and the Professional Photographer of America that have resources as to pricing and copyright protection.

So...Photographers- familiarize yourselves with the general laws and principles concerning copyright and understand your rights. Create proper protective documentation and have you lawyer verify the validity of your terms and conditions and make certain that you are protected.

There is nothing worse in business that having adversarial relationships with your clients. Even if you are in the right, nasty lawsuits oftentimes generate bad public relations.

What do they say about an an ounce of PREVENTION is worth more than a pound of CURE? Avoid any ambiguity, put your terms and expectations upfront and there will be no unpleasant surprises. If you do launch a legal claim and end up in court, you need all the documentation, signatures and evidence of the violation. Courts seem to take dim view of frivolous lawsuits, inflated claims for damages that don't exist, etc.

spaceytracey Loc: East Glacier Park, MT

Well said & thank you. I went searching for the process to register my copyright. Holy s**t! seems one must register each individual image, with metadata. That's outrageous! Most photographers have 1000's + images. That's one huge chunk out of one's life to handle such an overwhelming undertaking.

Shel Loc: Lecanto FL

I have been lead counsel in copyright infringement cases in Federal District courts of about a 1/2 dozen different states. Litigation is very expensive and I repeat my recommendation. Register your copyright and put the infringing party on notice by sending the party a letter identifying your registration number. Hopefully, that will be sufficient to get the infringer to stop or alternatively to pay a royalty.

Hamltnblue Loc: Springfield PA

The damage is done.
Maybe you can take advantage and see if they will post your contact info.
Minus well get some advertising out of it.
You already got the lesson learned.

Also, take note that someone thought your work was good enough to make money.
If you haven’t already, consider adding a page on the band website and sell additional pictures.
When life deals lemons, make lemonade.

catchlight.. Loc: Wisconsin USA- Halden Norway

I left a message for the Band "Lords of 52nd street" (ex Billy Joel) via face book with a screen shot of the original post.

It will be interesting If I get a reply... I would think the Band would step in and repair the damage.

MDI Mainer

I would send the offending party a DMCA take down notice. Easy to do yourself.

Here's a guide, there are many others if you Google DMCA.

https://www.upcounsel.com/dmca-notice

In my experience registration (which is a predicate to litigation) and litigation is simply not economic in the vast majority of cases, and the take down notice suffices to end the infringing acts. Note that registration IS required to seek a remedy in court (federal courts have exclusive jurisdiction over copyright claims), but IS NOT required to secure protection under US copyright law, including the DMCA.

PS DMCA is the Digital Millennium Copyright Act

PPS Copyright law does not require that an image bear the copyright symbol, date and name of the creator in order to be protected, though that is certainly a good practice.

Shel Loc: Lecanto FL

Excellent job of providing information. Very accurate, clear, impressive. (Before retiring, I did file prosecute and defend quite a few copyright infringement actions.)

MDI Mainer

Thanks. I practiced local govt law for 25 years, which included a few IP issues. But the real challenge was to distill legal issues to make them clear enough for elected officials