Archived posting to the Leica Users Group, 2004/11/19

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Subject: [Leica] What do you do when a "repuitable" news outlet swipes you photos ?
From: timatherton at theedge.ca (Tim Atherton)
Date: Fri Nov 19 14:09:10 2004

> gents;
> my understanding, subject to review, is that after U.S. copyright
> laws changed in the early 70's, everything was copyrighted as
> soon as it was created. registering the copyright only improved
> your case in court if and when enforcement became an issue.
> is my memory failing ? did the lawyer i consulted lead me astray ?
> am i crazy ?
> answer the last question first ;-)

No - you are absolutely correct. BUT unless it is registered, with all the
extra benefits and remedies that adds, you will a) probably have a hard time
finding an IP lawyer who will take a case for unregistered work and b) most
likely have to cover all the legal costs yourself.

There is stacks of good info here
http://www.editorialphoto.com/copyright/

(incliyuding section on how to make registration failry easy - group
registration etc)

http://www.editorialphoto.com/copyright/primer.asp

with this drawn from it:

"The copyright law was pushed through by publishers for fear of the new
invention of the day, the copy machine. The fear at the time was that people
would just take a magazine and "republish" it themselves. Thus because the
process of copyright registration was set up with magazines in mind, it is
not particularly photographer friendly. Having said that, registration is a
necessary thing. The way the regulations are set up, all of the benefits of
the 1976 copyright act come from the registration of your images.

If someone infringes your images and they are not registered, the infringer
has broken the law. Most infringers willingly take the risk, because they
know most photographer's do not register their material. They also know that
they will pay little more when caught then they would have to if they
licensed the image from you. The logical conclusion is why not take the
risk. Without registration, you as the image maker bear the burden of
proving what the image was worth and the burden of your own legal costs.
There is no mechanism for triple fees or punitive damages without
registration.

Once an image has been registered the law is set up to compensate the
copyright holder with his or her legal fees and punitive damages of up to
$150,000.00 per image infringed. One attorney I met at a panel discuss on
copyright calls this the biggest legal "hammer" he knows of when negotiating
settlement or prosecuting a copyright in infringement. The difference being
registered and not is legally "stunning". Having been personally infringed
in the past I know all to well the difference myself" ... etc




In reply to: Message from gerald.r.haussler at usps.gov (Haussler, Gerald R - San Mateo, CA) ([Leica] What do you do when a "repuitable" news outlet swipes you photos ?)