Archived posting to the Leica Users Group, 1999/08/25
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]I have no idea what this case is about, but much of the information is confused. Copyright infringement is always at least a civil matter (a tort). 17 U.S.C. 501(b) details the mechanisms by which an owner of a copyright may file a civil suit, and 28 U.S.C. 1338 expressly refers to civil actions arising under the copyright act. Under certain circumstances copyright infringement may also be a federal crime. A copyright infringement is subject to criminal prosecution if infringement is willful and for purposes of commercial advantage or private financial gain. 17 U.S.C. 506(a). If the offense consists of the reproduction or distribution, during any 180-day period, of 10 or more copies having a retail value of more than $2,500, the offense is a felony; otherwise, the offense is a misdemeanor. 18 U.S.C. 2319. Thus, the federal government prosecutes violations of the law meeting certain standards, while you can bring an action yourself for a more limited infringement. You need not register your works with the copyright office in order to receive copyright protection. however, there are certain benefits you get with registration, and you must register before you can file suit. However, copyright protection is immediate in a work as soon as the work is put into a tangible medium. By the way, the FBI does not "enforce" any laws, nor do the police "enforce" laws. Prosecutors enforce laws. Police and the FBI (and the FBI is merely a federal police agency) investigate crimes, and then report their findings to a prosecuting attorney (either a state District Attorney, or a United States Attorney) for a decision on whether or not to prosecute. The prosecutor has discretion to determine which cases to prosecute and which to not, based upon available resources, etc. - --Frank Conley, Esq. - --- Bill Erfurth <m6rf@yahoo.com> wrote: > ------------------------------------------------------ > Stephen Gandy wrote: > > <P>Ebay has done nothing, their standard of ethics > so > far > seems to only > be a song and dance. > > <P>all ten images as well as the text are clearly > marked as > copyrighted > at my site. > > <P>I sent him a bill for $10,000 each for each > unauthorized > one time use, > for a total of $110,000 > > <P>at the moment I am searching for my options...not > sure > if I have to > hire a lawyer to sue, or if I can just turn it over > to > some > Federal law > enforcement agency. > > <P>Stephen Gandy > --------------------------------------------------- > > Stephen, > > I have good news and bad news for you. > > The Good news is that the Congress of the United > States pass the copyright laws to protect > photographers and other artists. > > The Bad news is that the federal government will not > enforce those laws. > > Seriously, I was told by an FBI agent (the FBI is > the > agency that is suppose to enforce these laws) that > unless you have a guy with a warehouse full of > conterfeit videos or music CDs the FBI will not do > anything about it. (Unless of course if you made a > large CASH contribution the the Democratic National > Committee that is different). > > In reality, if you 'registered' the copyright on > those > images, and the person who stole them has > substantial > assets, then you may get a lawyer's attention. > > Maybe Marc can shed some more light on this. > > Good luck. > > Bill > > > __________________________________________________ > Do You Yahoo!? > Bid and sell for free at http://auctions.yahoo.com > > __________________________________________________ Do You Yahoo!? Bid and sell for free at http://auctions.yahoo.com