Misplaced accusations of theft can also amount to defamation, giving the accused a reason to sue back.
Either way, the lawyers make money. DARN! lol
Misplaced accusations of theft can also amount to defamation, giving the accused a reason to sue back.
Either way, the lawyers make money. DARN! lol
You don't have to use lawyers.Originally Posted by cyrus
Steve.
A good argument can perhaps be made, but it has not been made so far. No such argument is possible on this forum, which has no standing in the argument in any case. It certainly cannot be made by people who have not even seen the works in question. I have stated that I have no opinion, and I don't. But my opinion won't count, and, respectfully, neither will yours. Richard did not need us to tell him the other possibilities of how the artist might have received his inspiration. He was suspicious that the artist worked from his photograph, and that is sufficient cause to explore further if he chooses to.
Other than Richard himself and the painter, only a jury has the standing to express an opinion that counts. Short of putting it in front of a jury, everything is a negotiation and an assertion of rights for the record.
If Richard wrote the painter and said, "You thief! You stole my work! Pay me money, dammit!" then that would not likely turn out very well. But a C&D letter is a respectful and proven way to say, "I created this work and it has come to my attention that your work infringes on my rights. Please take the following actions to restore my rights." It establishes standing and an initial negotiating position. Both of those can be refuted by the other party with facts and countering arguments, and those might well be persuasive and end the matter. That's why you write letters. Without the standing or the demand, there is nothing to respond to and it may just get ignored. A C&D letter may not be the first step--there may be a less formal way of approaching it at first. But to ignore because of what the painter might have done based on our opinions is also not appropriate. The correct outcome is for Richard's rights, to the extent that he has any, to be asserted so that he doesn't lose them. Doing too little may be no closer to that outcome than doing too much.
Rick "thinking this requires cool consideration" Denney
You don't have to use doctors either . . . or dentists . . .
After several encounters with negotiation situations where I did retain a lawyer, I will say that I would sooner run naked through the Korean DMZ while herding elephants hopped up on amphetamines than enter into any kind of legal negotiation without the assistance of a lawyer with expertise in the subject area. Without fail, a qualified lawyer will prevent you from making a disastrous mess for yourself that will cost you ten times as much to clean up as it will to prevent it. Do not be a fool and think lawers are not worth the money.
Thanks,
Kirk
at age 73:
"The woods are lovely, dark and deep,
But I have promises to keep,
And miles to go before I sleep,
And miles to go before I sleep"
It's a point that I take fully. But it's also a matter of what is at stake.
Rick "who is consulting an attorney, at least initially, for his own situation" Denney
Regarding lawyers and related issues: those who think they may want to obtain information regarding their particular situation should look first to their local ASMP chapter. Its members can usually recommend a lawyer who specializes in copyright law. Almost all of them are willing to listen and then offer advice concerning how strong they think your case is, all at no cost, and regardless of whether you are an ASMP member. If they believe that you have a case, the first step they are likely to take is to send a letter on your behalf with their letterhead. This is often sufficient to obtain a response if your polite letter did not, and usually doesn't cost all that much. At that point, you'll have learned a few things from the lawyer and will be better able to make a decision concerning your next step.
In terms of private property, e.g., buildings, etc., keep in mind that in many states, you must have a property release to market a photo of private property. It doesn't matter where you stood when you took the photograph; you generally can't profit from some else's property without their consent. It is analogous to a model release. This can even extend to trees that are iconic. A well known case in point is the tree on a point of land in a private golf course in Monterey, CA.
There have been many, many threads on this forum about intellectual property, and they have a tendency to result in an awful lot of fine point parsing over legalities. Meanwhile, I can't recall a single thread on this site about a serious real life problem, as distinct from apprehensions about a possible problem. But as a subject, it sure is fodder for a lot of threads, words and indignation. Maybe discussion of the subject is therapeutic
Arca-Swiss 8x10/4x5 | Mamiya 6x7 | Leica 35mm | Blackmagic Ultra HD Video
Sound Devices audio recorder, Schoeps & DPA mikes
Mac Studio/Eizo with Capture One, Final Cut, DaVinci Resolve, Logic
Perhaps there is a valid need for a dedicated "Therapy" forum! How many 'I think my format is smaller than the other LFers' or 'I can't control my urge to buy equipment I'm not sure I need or want' threads might go into such a forum.
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