Caught stealing image - now what?

[steve simmons]

I give up. The voice of moderation never wins here in the face of experts.

Take care of it yourself. As an attorney once said

when you represnt yourself you have an ass for a client and a fool for an attorney

30 min of consultation is cheap.

steve simmons

[bglick]

> I give up. The voice of moderation never wins here in the face of experts. Take care of it yourself.

Steve, from my post above yours.....

"I will consult an attorney first" ???????

Am I missing something?

[Ben Chase]

Gentlemen - Since Steve has suggested you speak to an intellectual property attorney, I'd be more than happy to give a recommendation.
My Gonzaga MBA intellectual property professor is also a full time IP attorney. His name is Lance Sadler and can be reached at lance@leehayes.com.

Although a lot of good advice has been given here, an IP attorney deals with these issues all the time. I would say that your best chance of success is to at least talk to one and get a game plan.

Please let us know how this turns out.

Good luck in your efforts!

Ben Chase

www.benchasephoto.com

[steve simmons]

I was responding to some of the other posts

steve simmons

[Paddy Quinn]

"There is too much info we don not know here. For example, how did they get the photo. Was it in a place that could be argued was in public domain?"

if you are going to give advice, please try and at least sound like you know what you are talking about. This one is right out of internet/urban myths about copyright Number 3

[mark anderson]

"when you represnt yourself you have an ass for a client and a fool for an attorney"

i'm going to steal that one

mda

[steve simmons]

"There is too much info we don not know here. For example, how did they get the photo. Was it in a place that could be argued was in public domain?"

if you are going to give advice, please try and at least sound like you know what you are talking about. This one is right out of internet/urban myths about copyright Number 3
>>>>>>>>>>>>>>>>>>>>>>>>>

The above was from Paddy Quin.

I do know that images can inadvertantly end up in the public domain and then be used. I never said anything about the internet or web site.

My advice all along was to get advice from an expert in the field, No one here is an IP attorney as far as I can tell and not quilified to give advice. These referral sevices may give you 30 minutes of advice for something around 25.00 to 35.00. If afterwards you contact them yourtself you will have a broader knowledge base in trying to work out an agreement.

steve simmons

[tim atherton]

Steve

"Was it in a place that could be argued was in public domain?"

and

"I do know that images can inadvertantly end up in the public domain and then be used."

Steve - could you please explain your understanding of how placing images in a certain place can lead to them inadvertantly becoming Public Domain?

[tim atherton]

"You are not hearing anyone here speak from the actual experience of having an image stolen."

I have persued several infringement (i.e. "image theft") cases over the years - some with regard to my own work, others on behalf of some of my then agency photographers.

Some resolved more successfully than others - all eventually settled out of court by the infringer.

[jnantz]

hi darin

while you are right, some companies want to do the right thing, there are others
who will deny all wrong-doing after stealing your work and publishing it.

tim a. is on the money - no lawyer will touch a case without a copyright registration -
i learned this the hard way.