Re: [Leica] Web Publishing BALONEY

[Frank Conley <frankconley@yahoo.com>]

Regarding Paul's message below:  Actually, I am a lawyer, and I have
dealt with many cases in federal court. I assume from your post that
you are not a lawyer. 

Your layman's approach to the question of what amount you will recover
after fees, and how easy recovery will be are separate issues from the
one that I addressed: you have a legal remedy under federal law should
you chose to pursue it. If it isn't worth the cost of pursuing it, and
you can't show that your damages are sufficient, then you will simply
have to accept that fact that, like all artists, as soon as your work
is open to public view it is open to being copied, stolen, or otherwise
used to your financial or artistic detriment. Your option to avoid this
risk is to keep your artwork private.

While there are plenty of problems with the legal system, you do have
certain protections. Copyrighting your images, using digital
watermarks, and confronting those who use your images without
permission goes a long way toward changing attitudes. If you cannot
find out who owns a web page (use networksolutions.com and Whois to
track down owners), write an email to the web master of the host site.
Ultimately, if you file a civil suit in either state or federal court,
you will have subpeona powers and *will* be able to get the name of the
owner of the site from the hosting company. Many times they'll comply
to avoid such legal process.

In the end, it is up to the individual to seek a remedy. How far you're
willing to go is up to you.

- --Frank Conley, Esq.
Nothing in this message should be construed as legal advice.

P.S. Arbitration awards are often fairer than judge or jury awards.
It's an excellent remedy, and the results are exponentially faster than
a trial. 

- --- Paul Schiemer <schiemer@magicnet.net> wrote:
> Someone else wrote:
> >>That said, the copyright of an image belongs to
> the creator of the
> >>image unless the rights are otherwise assigned
> (work for hire, transfer
> >>of the copyright, etc.) and if you discover your
> work being used
> >>without permission you have a cause of action in
> federal court.

> I guess they aren't lawyers and haven't mounted a
> case in civil, county, or
> FEDERAL court recently.
> You won't get a penny, and probably won't get your
> court costs back either.
> The thief can disappear easily (empty pocket
> syndrome) and the judges
> usually give the defendant every out there is before
> you get your judgement-
> even forcing 'mediation' on you!  It's a dead end
> street.  [Judges are doing
> their fair share for moral decay.]
> Big guys (deep pockets) are smart enough not to do
> dumb stuff and pilfer
> images.
> *rant off*
> 

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