Infringement Nightmare - Morals to the Story
Posted by Carolyn Wright
True Story: A photographer recently settled for $275,000 with the
Dallas Cowboys after the Cowboys used one of his pictures on clothing
and other merchandise without permission. But after the settlement was
reached, the Cowboys barred the photographer from ever working in
Texas Stadium where the Cowboys play. Here's a case when the
photographer was caught beween a rock and a hard place.
True Story: A photographer recently settled for $275,000 with the Dallas Cowboys
after the Cowboys used one of his pictures on clothing and other
merchandise without permission. But after the settlement was reached,
the Cowboys barred the photographer from ever working in Texas
Stadium where the Cowboys play. The photographer had given a digital file of a photograph to the
Cowboys who considered it for use on season tickets. The Cowboys
then bought only 250 copies to resell as prints to the public. Later, the
Cowboys used the same image on clothing and other items, without
getting permission from the photographer for the additional usage.
The photographer had not registered his photo with the U.S. Copyright
Office. When the photographer discovered the infringements and inquired
about it, the Cowboys offered him $1,000 in merchandise gift
certificates. After trying to negotiate a settlement on his own for about a
year, he hired a lawyer. Three years later, a settlement was reached. Morals of the story: -Many infringements come from uses beyond that agreed to. The
infringements can come from uses on different products, for longer
terms, in extra forms such as print or electronic, in other locations, etc. -Watch your client's use of your work closely. -Register your images with the U.S. Copyright Office before you give, or
within three months of giving, them to a client. -Even if you haven't registered your photographs with the U.S. Copyright
Office, you are entitled to actual damages from infringements. They can
be hard to prove, but sometimes they can add up to substantial sums. -While you may be a good negotiator, it can help to have a lawyer to
give weight to your position. -If you have to sue a client, you probably won't get work from that client
again. -Legal matters can take time; be patient for your rewards. Take my advice; get professional help. PhotoAttorney Copyright 2005 Carolyn E. Wright All Rights Reserved
PhotoAttorney --- ABOUT THE AUTHOR --- Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at
the needs of photographers. A pro photographer herself, Carolyn has
the credentials and the experience to protect photographers. She's
represented clients in multimillion dollar litigations, but also has the
desire to help new photographers just starting their careers. Carolyn
graduated from Emory University School of Law with a Juris Doctor, and
from Tennessee Tech Univ. with a Masters of Business Administration
degree and a Bachelor of Science degree in music. She wrote the book on photography law. “88 Secrets to the Law for
Photographers," by Carolyn and well-known professional photographer,
Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain
School Press. Carolyn also is a columnist for PhotoFocus Magazine. Carolyn specializes in wildlife photography and her legal website is
http://www.photoattorney.com
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