Another take on copyright infringement.

[Dave *]

I saw this on Twitter, and thought the photographer , Alex Wild, makes some good points and has written a well thought out piece on his copyright infringement actions.

In August I hired ImageRights International, a reputable copyright enforcement agency, to assume the routine handling of commercial infringements of my professional work. There are a lot. Starting in September 2014, companies began receiving letters from ImageRights’ partner law firms seeking to resolve these infringements on my behalf.

I am actually adopting a bit of a carrot and stick strategy to deal with my copyright infringement frustrations. The carrot is my latest project, Insects Unlocked, through which I will be creating public domain photos of insects with my students at the University of Texas. The stick is being more heavy handed with commercial infringements.

Here is a closer look at how I am dealing with copyright infringers, packaged in the form of an FAQ:

Full article at link:
http://petapixel.com/2015/04/03/so-...tos-without-permission-what-next/#more-162502

 

[big soft moose]

interesting - though its worth noting that hes in america. In britain you can't (or at least shouldnt) make a punitive invoice (ie charge more for infringment than your standard licence fee), as the courts don't like it and probably won't enforce it

 

[photogav]

interesting - though its worth noting that hes in america. In britain you can't (or at least shouldnt) make a punitive invoice (ie charge more for infringment than your standard licence fee), as the courts don't like it and probably won't enforce it

And sadly that's why copyright infringement is so prevalent and stacked against the photographer in the UK. If it was seen as theft and damages awarded it might stop some of it.

 

[big soft moose]

And sadly that's why copyright infringement is so prevalent and stacked against the photographer in the UK. If it was seen as theft and damages awarded it might stop some of it.

not really - the reason its prevalent is that most people don't pursue it, when you do pursue it down the appropriate route (ie the small claims track of the county patents court - not the small claims court as variouspeople sometimes suggest) its usually open and shut - indeed in many cases infringers will pay an invoice as soon as its sent so long as the invoice is reasonable, so it doesnt get anywhere near court

It is difficult for damages to be awarded above the reasonable invoice fee (and court costs) , because the photographer hasnt suffered any material loss or harm other than the lost income, because it isnt in fact theft and the photographer still has the image and the ability to use it.

I wouldnt support a system like that outlined in Daves link because an adversarial process with huge punitive fees demanded (but not paid) leading to a drawn out court case only benefits lawyers, not the photographer themselves who will only se a fraction of the payout, and wastes court time which would be better used on more serious issues

 

[Phil V]

Pete's right. The US system is designed to make sure lawyers get rich. The UK system is designed to discourage lawyers getting involved.

Most of the 'getting away with it' is done from countries where the trouble starts with a language barrier and spreads into an expensive legal system and a culturally different view of IP.