Basically the question was I had a picture taken off a website and used in around 100,000 mailers- political campaign. I talked with a pair of high powered lawyers who said:
1. No, there was no loophole for this type of use- political.
2. Yes, I could go after him for copyright violation.
3. I would win.
4. I would not get enough money out of him to cover costs.
I am going to hand the folder off to another lawyer who is more on the level of a collection agency who works for a percent of what he can collect. If he wants the case, he can have it.
By the way, my wife (the candidate) won her election quite handily.
For images registered prior to infringement, you have the right to "ask" for attorneys fees in addition to statutory damages. But the judge does not "have to" award those attorneys fees. An attorney explained going to trial for infringement this way: It has to be a calculated business decision as preparing for trial can run you a $15,000 or $20,000 retainer.
Basically the question was I had a picture taken off a website and used in around 100,000 mailers- political campaign. I talked with a pair of high powered lawyers who said:
1. No, there was no loophole for this type of use- political.
2. Yes, I could go after him for copyright violation.
3. I would win.
4. I would not get enough money out of him to cover costs.
I am going to hand the folder off to another lawyer who is more on the level of a collection agency who works for a percent of what he can collect. If he wants the case, he can have it.
By the way, my wife (the candidate) won her election quite handily. ...Show more →
Did you speak to attorneys who specialize in copyright law? Try www.photoattorney.com
Michael H wrote:
Did you speak to attorneys who specialize in copyright law? Try www.photoattorney.com
Yes I did.
That is a very good article linked above. Thanks for that. I think I am going in the right direction with this. Something else that I should mention (made me chuckle) the guy who stole this photo used to own a photography business.
