Archived posting to the Leica Users Group, 2003/04/28

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Subject: Re: [Leica] copyright, SonC's story - sue for the USE, not the copyright
From: Stephen Gandy <leicanikon@earthlink.net>
Date: Mon, 28 Apr 2003 19:55:52 -0700
References: <000e01c30dd8$2fa8e240$4d32abac@aoldsl.net>

although its a copyright violation, getting paid for it via Fed Copyright
infringement may be difficult and time consuming

however, getting paid for the USE of pic could be a lot easier.   I am told
there is generally more state case law to support easy and quick payment to
photogs for the use of their work, especially in ads by a commercial entity.
sue him in small claims at commercial ad rates.

however, I am no lawyer, and there are lawyers on the LUG who can clarify the
viability of this approach.

Stephen Gandy

"(SonC) Sonny Carter" wrote:

> A couple weeks ago, I found a local realtor was using my shot to sell a
> house. (taken from my website)  You might remember the picture.
> http://www.sonc.com/paw2/wedding.htm
> I  had gone to a wedding there, and turned as I was leaving, and the shot
> snuck up on me, but I caught it.
>
> I emailed him twice, saying I don't mind his use, but I want credit.
>
> No response.
>
> Today I called him, and asked for credit. He agreed.
>
> I looked later, and he had taken the shot down and put a yukky shot in
> place.
>
> Sigh.  I really only wanted credit for what I did.
>
> SonC
>
> --
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In reply to: Message from "\(SonC\) Sonny Carter" <sonc@sonc.com> ([Leica] copyright, SonC's story)