Archived posting to the Leica Users Group, 2001/03/12

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Subject: [Leica] Re: WE WUZ ROBBED!
From: Jim Brick <>
Date: Mon, 12 Mar 2001 08:37:56 -0800


This is one of the reasons I belong to ASMP. ASMP's legal prowess is
awesome. A few years ago I was being hassled by the Pebble Beach Corp. as I
use my photograph of "The Lone Cypress" on the cover of one of my published
books, which sell throughout that area. They claimed registered trademark
(which was false) but I simply turned the threat over to ASMP and their
legal staff, headed by Victor Perlman, took it and answered the threat
citing cases and other info. After a few rounds of posturing, the Pebble
Beach Corp. backed off. And the Chuck Gentile Rock and Roll Hall of Fame
case has set a new precedence for trademark infringement.

The bottom line is that organizations like ASMP are there to help
photographers. They certainly helped me. And they deal with copyright
theft, infringement, etc., daily.

Go to:


At 12:03 AM 3/12/01 -0500, 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.
>  FAX:  +540/343-7315
>Cha robh bas fir gun ghras fir!
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Replies: Reply from John Gong <> ([Leica] RE: Re: WE WUZ ROBBED!)
Reply from "Tim Spragens" <> (RE: [Leica] Re: WE WUZ ROBBED!)