Copyrights and being suckered

[dbevis]

OK, mainly this is aimed at the U.S. audience and our copyright laws...

Back in June I had someone email me that they liked an image I had displayed. They wanted to use it for a small event (to put on a website and to print on shirts - about 50 or so of them). I required that they include my web URL and copyright on all uses of the image.

Later this week we will be at the "I'll send them in two weeks" date-promise I got earlier this month. The event itself took place 2 1/2 months ago. Our deal was that they'd send me 3 shirts like the ones they gave to participants in the event. Cheap for them and strategic for me.

I have a disc with all images from 9-11-2003 (containing the one in question), in the US Copyright office, submitted well within the "90 days from first publication" timeframe for protection.

I considered the shirts as an advertising opportunity, rather than a money-maker. Now I'm wondering if it's worth the hassle to file in small-claims court if they don't come through with the goods - or even a viable legal option since copyright infringement is presumably strictly a federal issue and not arguable in small-claims.

What would YOU do?

Don

[Steve Mitchell]

Did they use the images for the purpose that they requested?

[dbevis]

Did they use the images for the purpose that they requested?Yes they did. Even sent me an email with their artwork that included my image.

And I wish I hadn't used "suckered" in the subject. They have the rest of this week to come through, so it's a bit harsh to use that term at this time.

[NikNikon]

If your able Don I'd be interested in seeing the image they are using of yours.

[dbevis]

If your able Don I'd be interested in seeing the image they are using of yours.Well, this is pretty small (it's what they sent me), but you get the general idea:

This link is to my original image: http://photography.gotodon.com/09-11-2003/img_7258.htm

[NikNikon]

You have a lot of good looking pictures here, I particularly like the night shots. What did you use to generate the slide show if you don't mind me asking?

[dbevis]

You have a lot of good looking pictures here, I particularly like the night shots. What did you use to generate the slide show if you don't mind me asking?
Thanks Nik. The pages on that site are straight out of Breezebrowser (breezesys.com). I created my own template, though.

Don

[dbevis]

Well, now I've gone and done it. Filed in the Small Claims Court for $1500 today ($30 each, for the 50 shirts they were authorized to print). We'll see if the judicial system works :) Still waiting for the actual copyright certificate from the US Copyright Office, though.

Don

[rjgleason]

Well, now I've gone and done it. Filed in the Small Claims Court for $1500 today ($30 each, for the 50 shirts they were authorized to print). We'll see if the judicial system works :) Still waiting for the actual copyright certificate from the US Copyright Office, though.

Don
Good Luck, Don......Hope it works out for you. (I would have called Judge Judy) BTW did they sign a contract with you??

[gparr]

Well, now I've gone and done it. Filed in the Small Claims Court for $1500 today ($30 each, for the 50 shirts they were authorized to print). We'll see if the judicial system works :) Still waiting for the actual copyright certificate from the US Copyright Office, though.

Don
It's sad how little trust you can place in people these days.
Gary

[dbevis]

Judge Judy? Oh, lordy. Cruel and unusual punishment. :)

There is no signed contract, but being a copyright issue, I don't see that as a factor. Since I can show use of copyrighted material (the image he doctored and then sent to me), but he can't show proof I was compensated (because wasn't), should be all that's necessary. Since it's a 3 hour drive for him to appear in front of the judge, he might not even show up, thereby defaulting.

Don


Good Luck, Don......Hope it works out for you. (I would have called Judge Judy) BTW did they sign a contract with you??

[mzdial]

A win by default of course doesn't mean much if you can't force them to pay, which small claims can't do from my understanding. A hollow victory basically.

Good luck!

[dbevis]

Yeah, I was thinking that was the case. But I may be able to hand it over to a collection agency. I think they take 10% or so, which I could live with. Possibly even negotiate something in court for an additional levy if I have to go that route.



A win by default of course doesn't mean much if you can't force them to pay, which small claims can't do from my understanding. A hollow victory basically.

Good luck!

[Anders Östberg]

Good luck, it will be very interesting to see what happens.

[dbevis]

Look-ee what I got. I got a telephone call after the summons was served and I quote, "Well, you got my attention." I told him I meant no animosity, just that I wanted the shirts as promised. He sent 4 right away. I still don't understand why he just didn't send them without my having to deal with the extra bother.

[mzdial]

But where is your credit and url as you stated in the first post? Sounds like they still breached your agreement.

[dbevis]

No it's there, just not visible in the photo I attached.



But where is your credit and url as you stated in the first post? Sounds like they still breached your agreement.