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|| SportsShooter.com: Member Message Board
IP lawyer Rhose Island/Boston
Stew Milne, Photographer
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Providence | RI | USA | Posted: 4:49 PM on 12.04.09 |
| ->> I'm looking for an IP lawyer in my area. Any suggestions? Local real estate broker used images I shot for a client on his website without compensation. I have invoiced him for the images, but he refuses to pay. |
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Stew Milne, Photographer
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Providence | RI | USA | Posted: 4:50 PM on 12.04.09 |
| ->> Sorry, Rhode Island, not Rhose Island. My fingers are dyslexic. |
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Bryce Vickmark, Photographer
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Boston | MA | USA | Posted: 10:55 PM on 12.04.09 |
->> I saw Andrew Epstein speak at a Boston Press Photographers Association meeting awhile back. He specializes in legal services for photographers and other creatives. He seemed very knowledgeable and may be able to help you. Check him out at http://www.photolaw.net. HTH!
Bryce Vickmark
Boston Photographer
www.vickmark.com |
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Clark Brooks, Photo Editor, Photographer
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Urbana | IL | USA | Posted: 11:49 PM on 12.04.09 |
->> Stew,
Gotta ask the standard first question. Did you register the images? |
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Thomas E. Witte, Photographer, Photo Editor
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Cincinnati | OH | USA | Posted: 11:53 PM on 12.04.09 |
->> Several years ago former member Jason Grow recommended Edward "Ed" Greenberg out of New York City and another attorney in the Boston area... I went with Ed eventually but did speak to this other attorney whom I believe was Andrew Epstein.
See if you can get in touch with Jason to double check. |
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Thomas E. Witte, Photographer, Photo Editor
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Cincinnati | OH | USA | Posted: 12:09 AM on 12.05.09 |
->> And to follow up on Clark, if you have not registered them, register them on Monday, and be sure to register them properly. Slip ups on the paperwork can rescue the defendant believe it or not.
Since the broker isn't redistributing the images for sale but instead to sell the house, you aren't going to come anywhere near the maximum damages. However you can do yourself a favor and keep a VERY civil dialogue open with broker BUT make sure you're doing it on paper or email to maintain a paper trail and evidence of willful infringement. To help bolster your potential settlement, the more willful and blatant the violator comes across, the better. (I am not in any way suggesting you antagonize them in to becoming hostile, I'm simply saying that documented refusal to pay for the image will only help you in the long run.)
Over the weekend, print out all the correspondence you already have and put them in chronological order. Get a screen grab of the website and try to somehow get the date and time in the grab. Print out the original photo. Print out the photo from it's original intended purpose (if it was used in a home magazine for example). If it was used in a home magazine make sure you comb through the contract that you didn't surrender rights or grant them any sort of secondary usages.
Find out what the house was selling for and what it sold for (if it sold).
Package all of that up in a nice little file and hand copies of it to the attorney you decide to go with to get their work off to a running start. |
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TD Paulius, Photographer
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Orland Park | IL | USA | Posted: 10:02 AM on 12.05.09 |
| ->> And to follow up on Mr. Witte, if you have not registered your images, you should tally all of the fees that you have received for simialr shoots and correlate it to the types, sizes and prices of the houses shot, for without prior regsitration you can only seek actual danages and attorneys cannot be sought. This information wil enable your attorney to choose and amount to demand. Good luck |
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Stew Milne, Photographer
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Providence | RI | USA | Posted: 2:21 PM on 12.05.09 |
->> To clarify. The local real estate agent published a large newspaper's article and my photos that went with it on his website. I contacted the newspaper to let them know of the usage of the article, as I doubt he asked permission to publish it. I do own the copyright, the newspaper does not.
More info: After my first invoice, he quickly removed my photos and replaced them with some others that relate to the newspaper article. He probably stole them too. His website with unauthorized story is here. http://www.providenceeastside.com/public/page.do?page.ID=104703
I'm guessing he's been using my photos for over a year. After being caught, he offered to link to my website as compensation for using my photos. I do have screen grabs of the website with my images. I also copied the photo from his website onto my hard drive. My IPTC data is still all there.
Thanks for the info and advice so far. |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 12:14 AM on 12.06.09 |
->> Stew-
Can we infer from what you've detailed that (1) the image was published over a year ago and (2) is not registered?
If so, I'll be the first to suggest that while you have indeed been wronged, your chances for getting an attorney to take this on is extremely small, unless you want to pay them an hourly fee which will quickly eclipse any expected award.
I personally would try another approach. He's licensed with the State and presumably with the state Realtor's association which will have a code of conduct. I would suggest you may be more successful pressing for compensation by filing an ethics complaint with both http://www.dbr.state.ri.us/divisions/commlicensing/realestate.php http://www.rirealtors.org/CodeOfEthics.asp and the local better business bureau. |
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