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Re: Cease and desist letters?
on 7/12/05 11:12 PM, Christopher P. Lindsey at topica.com@spamfodder.com
wrote:
> I've sent out nice ones, templates from chillingeffects.org, etc. all
> to no avail. Now I've come across another site that's using some of
> my photos and I'm starting to get annoyed.
>
> How do you guys usually deal with this? Since I don't make money from
> my images I can't claim damages and the usually just ignore me.
Chris -
Though I am not a laywer, I'll pass along the advice I have gotten from
other pro photogs. Rather than send treatening letters, simply send them an
invoice for triple the normal licensing fee for the specific usage. What you
normally charge is immaterial at this point. You may have your attorney send
the letter on his letterhead. To put some real teeth into this, register
your images with the US Patent Office for a small fee. You can now gang
register many images at once, so there is no excuse for not doing this. Your
case will have no standing in court without registration.
You best bet is to work with an attorney who specializes in intellectual
properties and copyright law.
I hope this helps.
--
Larry Maupin
Maupin Photography
Freelance Garden Writer/Photographer
Member, Garden Writers Assoc.
Dallas, TX 214/341-3933
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