Archived posting to the Leica Users Group, 1999/03/11

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Subject: Re: [Leica] WE WUZ ROBBED!
From: Stephen Gandy <Stephen@CameraQuest.com>
Date: Thu, 11 Mar 1999 21:14:46 -0800
References: <3.0.6.32.20010312000330.00a00640@pop.infi-net.mindspring.com>

Dear Mary,

make a test case to the Supreme Court -- literally -- you would be doing
photogs everywhere a great service, as well as helping your legal career.

If I recall correctly, more than 25 copyright violations (or is it 15 or 20 ?)
becomes a FELONY.

presumably more papers were printed than that.

unfortunately the law seems more observed by its NON ENFORCEMENT by the Feds.
perhaps you could change that .. who knows ?

when things get tough, remember you are doing it for women everywhere.

Stephen Gandy


Marc James Small wrote:

> I discovered on Thursday evening last that a local up-market newspaper had
> published a picture of mine -- attributed, mind you, to one "Mary" Small --
> in an article of a local jazz drummer.  This fellow has admitted giving the
> magazine the picture but his comment was, "so what"?  (He is a REAL
> straight-shooter, no drugs, no alcohol, Thinks Good Thoughts and kayaks
> down the South Slope of Mount Everest, plus he has a couple of doctrates in
> optical science.)
>
> This fellow wanted me to shoot a CD cover.  I shot several rolls of film of
> him in the fall of 1998, in downtown Roanoke, with Hasselblad.  He reviewed
> the prints and wanted a second shoot, which I did, these being on the Blue
> Ridge Parkway.  These were with Leica, some with a 2.5/12.5cm Hektor, the
> rest with a 2.8/90 "skinny" Tele-Elmarit.  The final picture selected for
> the cover was one taken with the "skinny" Tele-Elmarit.  The picture
> printed improperly by the magazine was the one in the first batch.
>
> Last year, an article about this fellow appeared in the local paper with
> some of my pictures.  I then fussed at him and reminded him that the B&W
> work I did for him was for use in his fliers only.
>
> On Friday, I called the magazine.   They must be used to this:  they put me
> through to the publisher, who was polite, took my information, and stated
> he had to speak with the author and would be back in touch with me on
> Monday (tomorrow, as I write these words).
>
> I suspect the magazine will apologize and offer a token payment.  I want to
> sue both the magazine and the drummer and take an ounce of their hides, but
> that may just be a surplus of testosterone flocking through my blood -- as
> a trial attorney, I recognize that most juries regard copyright suits as
> Big Yawns.
>
> And, don't forget, they attributed the picture to "Mary" Small.
>
> Advice?
>
> Marc
>
> msmall@roanoke.infi.net  FAX:  +540/343-7315
> Cha robh bas fir gun ghras fir!

In reply to: Message from Marc James Small <msmall@roanoke.infi.net> ([Leica] WE WUZ ROBBED!)