[pure-silver] Re: OT un-authorized use of images. Advice wanted.
- From: "K W Hart" <kwhart1@xxxxxxxxxxxx>
- To: <pure-silver@xxxxxxxxxxxxx>
- Date: Sun, 28 Oct 2012 16:09:28 -0400
I am not an attorney, nor do I play one on TV!
First, let's assume that the images are NOT even the designer's work. Then it's
a matter of false advertising on the part of the designer.
If the images do depict the designer's work, it coud get a bit tricky: Does the
designer consider his/her work to be copyrighted? If so, then the rental agent
could be at fault, but not likely if the images portray the property as a whole
and not specifically the designer's work. That would be for a jury to decide!
The hijacked text is a similar issue: does the text describe the property as a
whole, or the designer's work? If it describes the property as a whole, why
would the designer even use it?
As for payment or remedy... The usage fee would be determined in part by how
much exposure the website gets, and how much revenue it can reasonably be
expected to generate for the interior designer. If I were providing an image to
be used by a national company as a 'click-through' on Yahoo, I'd want some real
money. But if I were providing an image for the neighborhood auto body shop's
website, I'd consider myself lucky to get costs and a photo credit.
The rental agent might want to look at this as a symbiotic relationship (sorry,
I'm watching a nature show on PBS!). She could tell the designer that the
images are her property, but the designer may continue to use them without
charge if the designer provides a link to the rental agent's website.
I think that the designer should be told that (s)he is in the wrong by simply
using these images and text without permission. But I wouldn't expect (or
request) major payment. If the issue of money comes up, I'd start at $200 per
image, and be willing to settle for $20/image. The fact that the rental agent
is an Ireland could add some wrinkles, especially if the website is on an
Ireland host. Then the whole issue would probably be under Ireland law, and
might have to be ajudicated under the Bern Convention at The Hague!
A general note about US copyrights: An image is copyrighted when it is fixed in
a tangible form. When I develope my film, the images are copyrighted, and if
someone uses those images, they owe me ACTUAL damages; that is, if they make a
20"x24" print, they owe me what I would charge for such a print. However, if I
had registered the copyright by filing the paperwork, they would owe ACTUAL
PLUS PUNITIVE damages, usually three times actual damages. This is the point
where a lawyer may sit up and take notice. (Please re-read my first sentence!)
Ken Hart
kwhart1@xxxxxxxxxxxx
----- Original Message -----
From: Laurence Cuffe
To: pure-silver@xxxxxxxxxxxxx
Sent: Sunday, October 28, 2012 12:59 PM
Subject: [pure-silver] OT un-authorized use of images. Advice wanted.
Hi Folks,
I'm looking for a bit of advice from an American perspective. Some one I know
has a rental property and uses a website to promote it.
The web site has images and text. She is based in Ireland..
An American interior decorator has taken some of the text and about six of
the images, and placed them, without asking for permission, on a blog promoting
her interior decorating business.
I have been asked for advice.
I can see three options:
My first instinct is to note the presence of the images etc, and ask for a
steep usage fee.
Second course of action ask for the images to be acknowledged and or taken
down and ask for a charitable donation to a suitable charity.
Third course of action do nothing.
.Id like some help in deciding what my friend should do next. If any one
feels the first course of action is the most appropriate, I'd like some
guidance as to what fee one might hazard.
Your help would be appreciated.
All the best
Laurence Cuffe
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