Archived posting to the Leica Users Group, 2008/05/12

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Subject: [Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!
From: red735i at earthlink.net (Frank Filippone)
Date: Mon May 12 06:50:19 2008
References: <0K0Q009PN5STT040@l-daemon> <00b701c8b3b5$f94302b0$80f510ac@chris0436b6050> <049901c8b3b6$9d5aea20$0302a8c0@robertbxucevjs> <200805120137.AQJ68949@rg5.comporium.net> <015801c8b3e8$f9755520$ec5fff60$@net> <200805121304.AQA65713@rg4.comporium.net>

The copyright office is big, and registering all the photos outside the
agency sounds like outsourcing to me.  

If a legitimate user is paying you for use of your photos, then with or
without the law, he will continue to pay you.  If he is not paying you now,
he will not pay you in the future.  It is an issue of ethics, not dollars.

My point was that it standardizes registration, declares that your image is
registered in a place, date, and with an independent "agency" that is not
subject to any interpretation.  They used the photo, without looking up the
registration, and they did that without your permission.  All you ( generic
you)  have now is a cute symbol on the photo.

So let's say that someone used your photo without your permission.  You
catch them.  How do you collect?  You send them a bill for use.   They do
not pay.  You get to hire a lawyer ( money spent), sue them officially (
money spent), and win.  How do you collect beyond even the use costs?  The
focus is on a) getting some cash out of them and b) getting them to stop
doing it.  To be honest, I think the emphasis should be on getting them to
stop. BTW, has anyone actually successfully sued and collected over this
issue?  From a legitimate user, I suspect the answer could be yes,.  From a
slimy operator?  I doubt it.

You are better off with some meat in your registration.  My point.

Now you have none. Oh, except the cute symbol.

For Ted..... as I understand it, if you could register your life's work for
$45, wouldn't you do it? To legally protect your $1.2M of value?  How much
do you spend in a year maintaining the location and contents of your image
files ( before your donation to the Canadian University (?) that you donated
your work to)?

Overall comment..... If the illegal user of your photos is a real publisher,
editor, or image agency, only the legitimate and honest agencies would care
if you registered. The slimy ones would use, and continue to use your images
without payment.

Spend your efforts getting some meat into the adjudication and payment
phase......

Frank Filippone
red735i@earthlink.net



Replies: Reply from don.dory at gmail.com (Don Dory) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Reply from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
In reply to: Message from tedgrant at shaw.ca (Ted Grant) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER! YOU WERE WARNED!!!)
Message from leicachris at worldnet.att.net (Chris Williams) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from robertmeier at usjet.net (Robert Meier) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from red735i at earthlink.net (Frank Filippone) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)