Archived posting to the Leica Users Group, 1999/03/11
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Dear Mary, make a test case to the Supreme Court -- literally -- you would be doing photogs everywhere a great service, as well as helping your legal career. If I recall correctly, more than 25 copyright violations (or is it 15 or 20 ?) becomes a FELONY. presumably more papers were printed than that. unfortunately the law seems more observed by its NON ENFORCEMENT by the Feds. perhaps you could change that .. who knows ? when things get tough, remember you are doing it for women everywhere. Stephen Gandy Marc James Small wrote: > I discovered on Thursday evening last that a local up-market newspaper had > published a picture of mine -- attributed, mind you, to one "Mary" Small -- > in an article of a local jazz drummer. This fellow has admitted giving the > magazine the picture but his comment was, "so what"? (He is a REAL > straight-shooter, no drugs, no alcohol, Thinks Good Thoughts and kayaks > down the South Slope of Mount Everest, plus he has a couple of doctrates in > optical science.) > > This fellow wanted me to shoot a CD cover. I shot several rolls of film of > him in the fall of 1998, in downtown Roanoke, with Hasselblad. He reviewed > the prints and wanted a second shoot, which I did, these being on the Blue > Ridge Parkway. These were with Leica, some with a 2.5/12.5cm Hektor, the > rest with a 2.8/90 "skinny" Tele-Elmarit. The final picture selected for > the cover was one taken with the "skinny" Tele-Elmarit. The picture > printed improperly by the magazine was the one in the first batch. > > Last year, an article about this fellow appeared in the local paper with > some of my pictures. I then fussed at him and reminded him that the B&W > work I did for him was for use in his fliers only. > > On Friday, I called the magazine. They must be used to this: they put me > through to the publisher, who was polite, took my information, and stated > he had to speak with the author and would be back in touch with me on > Monday (tomorrow, as I write these words). > > I suspect the magazine will apologize and offer a token payment. I want to > sue both the magazine and the drummer and take an ounce of their hides, but > that may just be a surplus of testosterone flocking through my blood -- as > a trial attorney, I recognize that most juries regard copyright suits as > Big Yawns. > > And, don't forget, they attributed the picture to "Mary" Small. > > Advice? > > Marc > > msmall@roanoke.infi.net FAX: +540/343-7315 > Cha robh bas fir gun ghras fir!