Archived posting to the Leica Users Group, 2008/05/12
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]At 12:30 AM 5/12/2008, you wrote: >If you want to bitch about paying $45 to register all the art you have made >over your lifetime, and then once a year after that, go ahead. Bitch. It >is your money. > >But maybe you should save your bitching for getting some meat into the laws >to really protect you. And maybe this law will help you do just that....... > >Frank Filippone Frank - My objection to this law has nothing to do with registering or not registering my work. I always register all of my work with the Copyright Office. In fact, I am one of the beta testers for the new on-line registration. It has some kinks but is coming along. As the law currently stands, if I find that someone has used one of my photos without my permission, and without paying, I can charge them three times the normal rate for usage. If they don't pay, I can take them to court and recover the usage fee plus punitive damages. If the Orphan Works bill passes and someone uses one of my photos without permission, they can claim that the couldn't find the owner of the photo (there are millions of photos and it is easy to strip out all metadata and copyright notices). My only recourse, if they used the photo commercially - in advertising - is to file a complaint. The infringer would have to pay what THEY consider to be a "reasonable" amount and stop using the work. If the infringer used the photo editorially, or in a documentary, or for educational use, I would get NOTHING!!! They would have to stop using the photo, but they would not have to pay for any prior usage. All of the photos that I lease are used editorially. My life's work would be worthless. This law would in no way protect me or my work. Tina Tina Manley ASMP, NPPA, EP, PI http://www.tinamanley.com