copyright infringement settlements
Jan 2, 2020 15:07:37 #
As I understand it. (1) someone uses your photo with your copyright info clearly visible. (2) you go to court to sue the person who did it. (3) judge awards x number of dollars. (4) that doesn't mean you get x number of dollars, but it gives you legal authority to collect x number of dollars. (5) you hire an attorney or collection agency to collect the amount you were awarded. (6) you hire the collection agency or attorney (7) months/years later you receive your award minus those fees. (7) if the attorney or agency does not collect receive any money you may still be liable for their fees.
So I am just wondering. If someone uses your photo how much do you think a judge will award you for a picture of a bird or whatever, and is it really worth your time, others efforts, and the cost to try to collect what the judge awards you?
If it is published by a reputable company they have attorneys who know how to work the system better than you do.
Just wondering. With all the attention given to copyrighting photos on this site, has anyone here actually sued and won for copyright infringement?
So I am just wondering. If someone uses your photo how much do you think a judge will award you for a picture of a bird or whatever, and is it really worth your time, others efforts, and the cost to try to collect what the judge awards you?
If it is published by a reputable company they have attorneys who know how to work the system better than you do.
Just wondering. With all the attention given to copyrighting photos on this site, has anyone here actually sued and won for copyright infringement?
Jan 2, 2020 15:11:55 #
In your imagined scenario, did you properly register your images in a timely basis? You can't get to your step #3, without this first step missing in your process. You're probably missing some steps between #1 and #2 that include finding a lawyer and paying a retainer that would proceed step #2.
Jan 2, 2020 15:21:36 #
There is that added cost too.
You also have to wonder what the judge will determine as factors. How much did you spend creating the image, how much potential loss of income was incurred?
What dollar amount does the judge need to offer in damages to even make it worth while to try to collect?
You also have to wonder what the judge will determine as factors. How much did you spend creating the image, how much potential loss of income was incurred?
What dollar amount does the judge need to offer in damages to even make it worth while to try to collect?
Jan 2, 2020 15:37:12 #
CHG_CANON wrote:
In your imagined scenario, did you properly register your images in a timely basis? You can't get to your step #3, without this first step missing in your process. You're probably missing some steps between #1 and #2 that include finding a lawyer and paying a retainer that would proceed step #2.
Under U.S. law, your images are copyrighted when you create the image. Registration is usually only required when a dispute arises.
Jan 2, 2020 19:38:12 #
MichaelH
Loc: NorCal via Lansing, MI
pendennis wrote:
Under U.S. law, your images are copyrighted when you create the image. Registration is usually only required when a dispute arises.
Yes, the person who took the photo generally owns the copyright except under certain circumstances. But not registering the images with the Copyright office limits you to "actual" damages which might be much lower than the "Statutory" damages available if they are registered correctly.
gene51 posted a couple of links to a website full of FAQs on copyright. Check out the info under the question "Q: How much money can I sue for in a civil copyright lawsuit?" on this page:
https://www.asmp.org/copyright-tutorial/faq-copyright-law/
Thank you Gene.
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