Page 5 of 5 FirstFirst ... 345
Results 41 to 50 of 50

Thread: Small claims court for copyright cases?

  1. #41

    Join Date
    Dec 2005
    Location
    El Pueblo de Nuestra Señora la Reina de los Ángeles de Porciúncula
    Posts
    5,815

    Re: Small claims court for copyright cases?

    Quote Originally Posted by bdkphoto View Post
    That's the CCB I referred to in post #25 - It exists because of the hard work of ASMP, PPA NPPA and many other associations that worked to get the CASE act passed and implemented - I served on the ASMP board when we got the ball rolling to create the CCB.
    Yes you did. My apologies for being redundant. And thank you for your participation; it's a good thing!

  2. #42

    Join Date
    Mar 2020
    Location
    Delaware, USA
    Posts
    79

    Re: Small claims court for copyright cases?

    Quote Originally Posted by bdkphoto View Post
    You cannot litigate copyright claims in small claims court. See post #25. s The CCB has its own requirements for filing. Registering your work with the LOC stacks the legal deck in your favor, and allows you to collect legal fees as well as damages should you prevail. Digital provenance is quite easy - all of the cameras provide metadata with the files that includes camera type/serial#s date and time and contact info.
    Can’t all of that metadata be edited after the fact?

  3. #43
    Paul Ron's Avatar
    Join Date
    Aug 2004
    Location
    NYC
    Posts
    692

    Re: Small claims court for copyright cases?

    all that meta data can be edited or erased. if the photo were printed, its all gone! a scanned print has no meta data of ownership.

    my negative is my certification.

    small claims isnt beyong a reasonable doubt or has to be unanimous. just tip the scales 51:49 in your favor and is resonable, the judge rules in your favor!

  4. #44
    multiplex
    Join Date
    Feb 2001
    Location
    local
    Posts
    5,380

    Re: Small claims court for copyright cases?

    Quote Originally Posted by bdkphoto View Post
    That's the CCB I referred to in post #25 - It exists because of the hard work of ASMP, PPA NPPA and many other associations that worked to get the CASE act passed and implemented - I served on the ASMP board when we got the ball rolling to create the CCB.
    Sorry to put you on the spot Bruce:

    So just to get back to the previous information ... without the copyright registration from the Library of Congress Copyright Registration office, bringing a case against an copyright offender is useless, whether one has the digital file on their Jazz Drive, glossy RC Paper Negative or 11x14 FujiChrome Transparency (with one's name embossed in the rebate). Those things may present "ownership/creation<?>" but not copyright registration? When was the "Poorman's Copyright" (copies of all the images postmarked/barrel stamped in an unopened sealed (dated) envelope considered not good enough? I remember when I was having contract issues and I consulted an attorney we had this copyright image theft conversation and he said at that time ( early 2000s ) it wasn't considered good enough. Sure is easier when you are staff, you don't own anything, and its especially annoying when an image you "created" is copyrighted by an employer and after they gave you your $50 for it they sell it's use to the city to be put on every wrapped bus, billboard, taxicab top, magazine and newspaper ad in a 30mile radius LOL (BTDT)... good times!

  5. #45
    Paul Ron's Avatar
    Join Date
    Aug 2004
    Location
    NYC
    Posts
    692

    Re: Small claims court for copyright cases?

    Quote Originally Posted by jnantz View Post
    Sorry to put you on the spot Bruce:

    So just to get back to the previous information ... without the copyright registration from the Library of Congress Copyright Registration office, bringing a case against an copyright offender is useless, whether one has the digital file on their Jazz Drive, glossy RC Paper Negative or 11x14 FujiChrome Transparency (with one's name embossed in the rebate). Those things may present "ownership/creation<?>" but not copyright registration? When was the "Poorman's Copyright" (copies of all the images postmarked/barrel stamped in an unopened sealed (dated) envelope considered not good enough? I remember when I was having contract issues and I consulted an attorney we had this copyright image theft conversation and he said at that time ( early 2000s ) it wasn't considered good enough. Sure is easier when you are staff, you don't own anything, and its especially annoying when an image you "created" is copyrighted by an employer and after they gave you your $50 for it they sell it's use to the city to be put on every wrapped bus, billboard, taxicab top, magazine and newspaper ad in a 30mile radius LOL (BTDT)... good times!
    again... contract contract contract!

  6. #46
    Tin Can's Avatar
    Join Date
    Dec 2011
    Posts
    22,507

    Re: Small claims court for copyright cases?

    $50!

    How generous

    I had a patent stolen at the factory for $1 by coworker

    Never again
    Tin Can

  7. #47
    Paul Ron's Avatar
    Join Date
    Aug 2004
    Location
    NYC
    Posts
    692

    Re: Small claims court for copyright cases?

    Quote Originally Posted by Tin Can View Post
    $50!

    How generous

    I had a patent stolen at the factory for $1 by coworker

    Never again
    edison, ford and Tesla had the same problem.

  8. #48
    Corran's Avatar
    Join Date
    Apr 2011
    Location
    North GA Mountains
    Posts
    8,937

    Re: Small claims court for copyright cases?

    My grandfather was an electrical engineer in the Air Force. He invented a significant piece of tech that would be worth millions. He put in a request to patent it and his supervisor stole the patent, quit the service, and started a company producing this item. Millionaire is an understatement.
    Bryan | Blog | YouTube | Instagram | Portfolio
    All comments and thoughtful critique welcome

  9. #49
    multiplex
    Join Date
    Feb 2001
    Location
    local
    Posts
    5,380

    Re: Small claims court for copyright cases?

    Quote Originally Posted by Paul Ron View Post
    again... contract contract contract!
    I know, I haven't work for hire/staff since! as I said been there done that ..

  10. #50

    Join Date
    Mar 2022
    Posts
    65

    Re: Small claims court for copyright cases?

    Quote Originally Posted by jnantz View Post
    Sorry to put you on the spot Bruce:

    So just to get back to the previous information ... without the copyright registration from the Library of Congress Copyright Registration office, bringing a case against an copyright offender is useless, whether one has the digital file on their Jazz Drive, glossy RC Paper Negative or 11x14 FujiChrome Transparency (with one's name embossed in the rebate). Those things may present "ownership/creation<?>" but not copyright registration? When was the "Poorman's Copyright" (copies of all the images postmarked/barrel stamped in an unopened sealed (dated) envelope considered not good enough? I remember when I was having contract issues and I consulted an attorney we had this copyright image theft conversation and he said at that time ( early 2000s ) it wasn't considered good enough. Sure is easier when you are staff, you don't own anything, and its especially annoying when an image you "created" is copyrighted by an employer and after they gave you your $50 for it they sell it's use to the city to be put on every wrapped bus, billboard, taxicab top, magazine and newspaper ad in a 30mile radius LOL (BTDT)... good times!
    I'm not put on the spot at all - let me try to clarify what I see as the biggest misconception about registration - most people here believe that registration is proof of ownership - it is not. You have to look at registration in the same way that registering to vote allows you to vote. You don't have to vote if you are registered, but you cannot vote if you are not registered. You don't have to register your photograph with the LOC, and you do own the copyright, but to file a lawsuit (Which takes place in Federal Court) you have to register the photograph to pursue that option. It is simply your ticket to the dance. The details of ownership and the case itself - ie the negatives, or files etc are presented in discovery or depositions as the case moves forward. When you register also has big implications on the success of the case, especially the financial aspects- registration prior to an infringement allows you to seek legal fees from the infringer if you prevail -this can mean thousands of $$ in your pocket - and/or the possibility of having an attorney work on your case on a contingency basis.

    At its simplest it is just good business practice to routinely register, in the same way that crafting a good contract is good for your business.
    http://brucekatzphoto.com

    Original join date 2008...

Similar Threads

  1. Historic 19th Century Copyright Infringement Cases
    By Kirk Gittings in forum On Photography
    Replies: 12
    Last Post: 1-Apr-2013, 13:44

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •