I LOVE this story. Lea ----- Original Message ----- From: "steves" <sgshiya@xxxxxxxxxxxx> To: "List for Photo/Imaging Educators - Professionals - Students" <photoforum@xxxxxxxxxxxxxxxxxxxxxx> Sent: Sunday, June 13, 2004 6:47 PM Subject: Re: Gallery of 2004-06-05 Copyright issues > Now we're discussion penalties. > > The landmark case was won in Oakland. A young photographer submitted > unsolicited and on his own some 35mm slides for use at Christmas to the > privately owned TV station KUTV, Channel 2. They used a simple picture he > made of a wrapped package with a bow without telling him and without any > compensation. > > He notified them they used his picture and asked for 'reasonable > compensation.' They ignored him. > > After hammering them, still no claim for any definate monitary amount, they > said, 'It's just a picture of a Christmas package, anybody could have done > it.' > > He consulted a lawyer. The law firm investigated and found the rates at > KUTV were $100,000 a minute, and his five second exposure had played at > station breaks for over 80 days. They totaled the amound of time, cost of > time they would have charged and sued for that amount: eighty thousand > dollars. > > In court, the issues were argued and a settlement was agreed upon after the > coutr deemed his copyright was violated. > > On appeal, the TV station argued that his copyright was filed after the law > suit was instigated. In fact after the case was filed. The ruling on that > was upheld in favor of the photographer, because the copyright was a given > but the filing was done as a formality inc ase the legal action would > continue after his ability to represent his own copyright, death by accident > or some other. > > The ruling in favor of the photographer was supported after appeal, and the > judgement was made in accordance with an act of Congress that gave as > punitive damage from ten to one hundred times the value extablished: $80,000 > > When the court ordered the TV station to pay eight MILLION dollars, the > photographer got embarrassed and wanted to withdraw his claim, asking for a > reasonable settlement so he could simply get on with his life and expected a > promise that the broadcasters would never do that again to anybody else. > > The court refused to let him withdraw his suit, even when he insisted his > lawyers take his willingness to withdraw to appeal. The appeal was > rejected. > > The TV station had to pay the eighty millin PLUS two million in negligence > law suits punitive damages. "Waisting the courts' time." > > Because of the $82 million pay out to the photographer for this one mistake > of copyright infringement, the station owners had to sell; it was bought by > Fox, owned by that time by Rupert Murdock running around all over the US > buying TV and radion stations for his conglomerate. > > The photographer's name withheld, various accounts published in -- among > other publicationd -- PDN (Photo District News) about stock photography . . > . the photographer ended up with the eighty-two million less legal fees of > 48% and that's the fact, ladies and gentlemen. > > S. Shapiro > ----- Original Message ----- > From: "Emily L. Ferguson" <elf@xxxxxxxx> > To: "List for Photo/Imaging Educators - Professionals - Students" > <photoforum@xxxxxxxxxxxxxxxxxxxxxx> > Sent: Sunday, June 13, 2004 11:55 AM > Subject: Re: Gallery of 2004-06-05 Copyright issues > > > > One of the biggest benefits of registering your work before > > publication is the penalty for infringment. The penalty for > > infringement of a registered work is up to $150,000 and legal > > expenses, whereas the penalty for infringment of an unregistered work > > is possibly as little as the medium upon which the work is captured. > > > > Basically there's no use to attempting to prosecute an infringment if > > the work is not registered. > > > > Registration can be done in bulk for a single $30 fee and by anyone > > in the world and is managed by the US Copyright Office. > > > > For information relevant to photographers especially go to > > http://www.editorialphotographers.com or the ASMP. > > > > It is essential for professionals to register their work before > > publication on an organized basis. > > -- > > Emily L. Ferguson > > mailto:elf@xxxxxxxx > > 508-563-6822 > > New England landscapes, wooden boats and races, press photography > > http://www.vsu.cape.com/~elf/ > > > > > > >
