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| Copyright infringement question... - Page 4 | |
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| Posted: Mon Jul 9th, 2012 10:06 |
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31st Post |
iPlaid
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I like the idea of small claims court, but perhaps I should send a nice letter along with an invoice first? If he fails to pay up (and offer sincere apologies in addition) then, I can certainly take that step. Fortunately, there are a couple lawyers in the family that I married in to, so if necesary, I can always contact them - even though they'd charge me! 
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| Posted: Mon Jul 9th, 2012 11:19 |
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32nd Post |
jk
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iPlaid wrote: I like the idea of small claims court, but perhaps I should send a nice letter along with an invoice first? If he fails to pay up (and offer sincere apologies in addition) then, I can certainly take that step. Fortunately, there are a couple lawyers in the family that I married in to, so if necesary, I can always contact them - even though they'd charge me! Professional fees are tax deductable 
____________________ Still learning after all these years! https://nikondslr.uk/gallery_view.php?user=2&folderid=none |
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| Posted: Mon Jul 9th, 2012 12:38 |
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33rd Post |
Squarerigger
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iPlaid wrote:I like the idea of small claims court, but perhaps I should send a nice letter along with an invoice first? If he fails to pay up (and offer sincere apologies in addition) then, I can certainly take that step. Fortunately, there are a couple lawyers in the family that I married in to, so if necesary, I can always contact them - even though they'd charge me! Before small claims court, you should seek payment via registered mail to prove you have taken the first step and been refused. then file with the court.
____________________ -------------------------------------------- Gary |
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| Posted: Mon Jul 9th, 2012 13:06 |
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34th Post |
Ed Matusik
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Gary's right, a well-worded letter detailing the facts of the infringement and suggesting some form of settlement would do wonders if it should go further. Send it certified mail. Leaving a paper trail is important. - EdM.
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| Posted: Mon Jul 9th, 2012 13:26 |
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35th Post |
iPlaid
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Sounds good - I will begin crafting my letter and invoice! Thanks guys!
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| Posted: Mon Jul 9th, 2012 21:03 |
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36th Post |
Dave Groen
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I had a situation where someone was making t-shirts using one of my images. I sent them a letter stating this: (I have replaced some specific info with myphoto, yourshirt, yourwebsite, etc). To Whom It May Concern: It has come to my attention that you have made an unauthorized use of my copyrighted work entitled myphoto.jpg ("the Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, which was first published in March 2011 at mywebsite.com. A copy of the Work is shown below. Your shirt entitled yourshirt which appears on your web site at yourwebsite.com (also shown below), clearly used the Work as its basis. You neither asked for nor received permission to use the Work as the basis for yourshirt. Therefore, I believe you have willfully infringed my rights under 17 USC Section 101, et seq. and could be liable for statutory damages as high as $100,000. I demand that you immediately pay my standard usage fee, which is $500.00 for small quantity usage (yourshirt only) or $1000.00 for unlimited usage. If unlimited usage is desired, a high-resolution image file shall be delivered by me upon payment. Until then you must immediately cease the use and distribution of all infringing works derived from the Work, and desist from this or any other infringement of my rights in the future. If I have not received an affirmative response and payment from you by August xx, 2012 indicating that you have fully complied with these requirements, I shall consider taking the full legal remedies available to rectify this situation. Sincerely, David S. Groen They paid me. No lawyers got involved, no small claims court. Feel free to plagiarize my letter. I won't sue you. I had not registered my work with the copyright office. The copyright to any original work belongs to the person who created it whether you register it or not. Registration does make it easier if you end up in court, though. I had my prior publication as proof of my ownership.
____________________ I started out with nothing and still have most of it left |
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| Posted: Tue Jul 10th, 2012 04:07 |
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37th Post |
Eric
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Dave Groen wrote: I had a situation where someone was making t-shirts using one of my images. I sent them a letter stating this: (I have replaced some specific info with myphoto, yourshirt, yourwebsite, etc). Sounds convincing and forceful enough to me! I even started writing a cheque to you ....and I havent done anything!!  
____________________ Eric |
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| Posted: Tue Jul 10th, 2012 10:36 |
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38th Post |
Squarerigger
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Good letter Dave and great results 
____________________ -------------------------------------------- Gary |
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| Posted: Tue Jul 10th, 2012 12:59 |
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39th Post |
Squarerigger
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I feel obligated to make an observation. Dave's letter is great, but before everyone goes out and makes up their own, as a retired magistrate, I should give one word of caution. If your letter gets results, then it is perfect. If, on the other hand, it does not get good results and you decide to take it to court, please make sure everything you put in the letter is true. Now I can only speak for matters brought up before me, and 99 percent were criminal vs civil, all evidence (letter included) are examined for facts. If you present evidence which is not factual, I then question your integrity. If I question your integrity, its is very hard tow win it back. This used to go equal for citizens and police alike in my case. So, while this was a quirk of mine, I should hope it applies to many judicial officers. Just my two cents worth. Please don't go making up facts as they may come back to haunt you.
____________________ -------------------------------------------- Gary |
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| Posted: Wed Jul 11th, 2012 03:30 |
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40th Post |
jk
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Dave Groen wrote:I had a situation where someone was making t-shirts using one of my images. I sent them a letter stating this: (I have replaced some specific info with myphoto, yourshirt, yourwebsite, etc). Good letter Dave. I known in UK there is no need to register copyright but I didnt know if this was the case in USA. Obviously if you havent registered the copyright if you were to go to court the opening statement with the judge would be around establishment of the copyright and its proof.
____________________ Still learning after all these years! https://nikondslr.uk/gallery_view.php?user=2&folderid=none |
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