Luminous Landscape Forum

Equipment & Techniques => Medium Format / Film / Digital Backs – and Large Sensor Photography => Topic started by: jing q on September 14, 2009, 12:56:17 pm

Title: Usage rights for ad images violated. What methods of recourse do I have?
Post by: jing q on September 14, 2009, 12:56:17 pm
If I have a client that either uses the images I shot for them in more media than agreed upon or for longer usage periods than agreed upon, what avenues of recourse do I have?

I have given them a quotation for extended usage but they have not replied for over a month after repeated chasing, I have to assume that they have no intention of paying.

Any advice will be appreciated.
Title: Usage rights for ad images violated. What methods of recourse do I have?
Post by: wolfnowl on September 14, 2009, 05:30:17 pm
Quote from: jing q
If I have a client that either uses the images I shot for them in more media than agreed upon or for longer usage periods than agreed upon, what avenues of recourse do I have?

I have given them a quotation for extended usage but they have not replied for over a month after repeated chasing, I have to assume that they have no intention of paying.

Any advice will be appreciated.

Ther are people here much better qualified than I am, but if I remember correctly, your first question is whether or not you registered the copyright on these images with the Library of Congress.  If yes, then you can probably sue them successfully, but if you haven't, you're probably wasting your time and significant amounts of money.

Mike.
Title: Usage rights for ad images violated. What methods of recourse do I have?
Post by: bcooter on September 14, 2009, 05:43:45 pm
Quote from: wolfnowl
Ther are people here much better qualified than I am, but if I remember correctly, your first question is whether or not you registered the copyright on these images with the Library of Congress.  If yes, then you can probably sue them successfully, but if you haven't, you're probably wasting your time and significant amounts of money.

Mike.



http://www.artlawteam.com/2009/08/articles...myths-debunked/ (http://www.artlawteam.com/2009/08/articles/copyright-2/copyright-myths-debunked/)







Title: Usage rights for ad images violated. What methods of recourse do I have?
Post by: wolfnowl on September 14, 2009, 06:03:11 pm
Did a search on previous threads and found this one, which may help:

http://luminous-landscape.com/forum/index....showtopic=37050 (http://luminous-landscape.com/forum/index.php?showtopic=37050)

From that thread:

http://www.keytlaw.com/Copyrights/cheese.htm (http://www.keytlaw.com/Copyrights/cheese.htm)
http://www.copyright.gov/title17/92chap5.html (http://www.copyright.gov/title17/92chap5.html)

Also (I knew I had seen it somewhere), several months ago Scott Kelby did an interview with US copyright attorney Ed Greenberg, available here:

http://www.photoshopusertv.com/2009/02/bon...y-ed-greenberg/ (http://www.photoshopusertv.com/2009/02/bonus-interview-with-copyright-attorney-ed-greenberg/)

HTH,

Mike.
Title: Usage rights for ad images violated. What methods of recourse do I have?
Post by: TMARK on September 15, 2009, 12:33:11 am
The only thing registration gives you is a certain amount of statutory damages and attorneys' fees.

Here is my experience.  When the license is violated its usually a mistake on some ones part.  Some one within the client's organization blew it.  They will be very reluctant to admit it, so they cover their ass by stonewalling.  As a result, a lawyer gets their attention.  Hire a lawyer.  It works, you get your money.  Best $1500 you'll ever spend.