So my photos got stolen and used for ads

[tirediron]

...The broad brush strokes regarding attorneys, representatives, payments up front, big bucks to pursue infringement, that lawyers won't take on small-fry cases and all the rest of the stuff commonly seen on internet forums by people who talk like they know something, but have never actually pursued an infringement case themselves - are debunked quite handily by my own experiences with it all, and especially by the numbers I see flowing into my bank account month after month.

Don't believe me on these issues? No skin off my wallet. Another check arrived Saturday. I'll be depositing it today.

I would respectfully submit that one instance is hardly sufficient grounds to "debunk" anything, since for every rule there is an exception. This may be a difference in the general approach to the practice of law between the US and Canada, it may be a difference in the way infringement cases are settled in the US and Canada, or it may be nothing more than an anomoly. I have never had to pursue an infringement case myself, thankfully, but for one reason or another, I have some small experience with lawyers and the legal system, and most of the lawyers I have met do not strike me as so altruistic that they would champion the cause of someone whose image has been used on an eBay auction page. Like all professionals, they want to be paid for their time, and while you may have an established relationship with a particular lawyer who is willing to do this based on your history, I find it difficult to believe that most would. I could well be wrong... just venturing an opinion.

 

[Buckster]

...The broad brush strokes regarding attorneys, representatives, payments up front, big bucks to pursue infringement, that lawyers won't take on small-fry cases and all the rest of the stuff commonly seen on internet forums by people who talk like they know something, but have never actually pursued an infringement case themselves - are debunked quite handily by my own experiences with it all, and especially by the numbers I see flowing into my bank account month after month.

Don't believe me on these issues? No skin off my wallet. Another check arrived Saturday. I'll be depositing it today.

I would respectfully submit that one instance is hardly sufficient grounds to "debunk" anything, since for every rule there is an exception. This may be a difference in the general approach to the practice of law between the US and Canada, it may be a difference in the way infringement cases are settled in the US and Canada, or it may be nothing more than an anomoly. I have never had to pursue an infringement case myself, thankfully, but for one reason or another, I have some small experience with lawyers and the legal system, and most of the lawyers I have met do not strike me as so altruistic that they would champion the cause of someone whose image has been used on an eBay auction page. Like all professionals, they want to be paid for their time, and while you may have an established relationship with a particular lawyer who is willing to do this based on your history, I find it difficult to believe that most would. I could well be wrong... just venturing an opinion.

"One Instance"? Dude, I can turn you on to entire companies who use exactly the methodology I've described with LOTS of clients like me. ZERO dollars up front, they pursue it, negotiate it, take all the way to Federal Court if necessary, and you each get half.

Noted New York Copyright attorney of the rich and famous, Ed Greenberg, says those companies and their lawyers don't pursue hard enough, and that a copyright attorney such as he can get a LOT more money out of an infringer. Does he require money up-front? I have no idea. You'd have to contact him directly and ask.

Nonetheless, they DO exist. Please stop.

 

[Braineack]

jeez this was soooooooooooooooooooooooo hard:

How eBay protects intellectual property (VeRO)

How eBay protects intellectual property (VeRO)
We're committed to protecting the intellectual property rights of third parties and to providing our members with a safe place to buy and sell. We created the Verified Rights Owner (VeRO) Program so that intellectual property owners can easily report listings that infringe their rights.

We require that a rights owner be registered through VeRO before reporting items to us. Rights owners sign legally binding documents when reporting items to eBay.

 

[KmH]

. . . get an emergency copyright registration . . .

Can you provide a Copyright.gov link to how one gets an "emergency copyright registration" ?

Link:
Special Handling (FAQ) | U.S. Copyright Office

Thanks!

 

[tirediron]

"One Instance"? Dude, I can turn you on to entire companies who use exactly the methodology I've described with LOTS of clients like me. ZERO dollars up front, they pursue it, negotiate it, take all the way to Federal Court if necessary, and you each get half.

Noted New York Copyright attorney of the rich and famous, Ed Greenberg, says those companies and their lawyers don't pursue hard enough, and that a copyright attorney such as he can get a LOT more money out of an infringer. Does he require money up-front? I have no idea. You'd have to contact him directly and ask.

Nonetheless, they DO exist. Please stop.

I didn't mean to imply that they didn't. I was simply venturing my opinion that in this case, where the infringement hasn't (as far as I understand) cost the OP any money, and where the infringer is a potentially somewhat nebulous Internet company, many (most?) lawyers would require some form of retainer due to the likely low damages awarded and the difficulty in collecting.

 

[Buckster]

"One Instance"? Dude, I can turn you on to entire companies who use exactly the methodology I've described with LOTS of clients like me. ZERO dollars up front, they pursue it, negotiate it, take all the way to Federal Court if necessary, and you each get half.

Noted New York Copyright attorney of the rich and famous, Ed Greenberg, says those companies and their lawyers don't pursue hard enough, and that a copyright attorney such as he can get a LOT more money out of an infringer. Does he require money up-front? I have no idea. You'd have to contact him directly and ask.

Nonetheless, they DO exist. Please stop.

I didn't mean to imply that they didn't. I was simply venturing my opinion that in this case, where the infringement hasn't (as far as I understand) cost the OP any money, and where the infringer is a potentially somewhat nebulous Internet company, many (most?) lawyers would require some form of retainer due to the likely low damages awarded and the difficulty in collecting.

You tried to make the case that my experiences with this are some kind of unique, one-off, extraordinary thing that are unlikely to be experienced by others. It's not. They do. You were wrong about that. There's no other way I know of to slice that.

Your opinion is wrong, and the folks who wander through won't know that unless it's pointed out that one of the most active authority figures on this forum is incorrect in his opinions about this particular subject. Without that correction, your opinion will be taken as much more than just an opinion, and you will be propagating incorrect information to those who don't know any better. Do you get that? Do you understand that's my motivation here? To set the record straight, and have the correct information made available, not to have an argument with you?

That said, I'm sorry to have to say it, but your opinion is wrong some more with this latest post. To start with, it doesn't matter in the least if it hasn't "cost the OP any money". That's just another myth that you're now perpetuating. And that's not all you flubbed this time.

Look, you just don't know what you're talking about on this subject. I hate to be so blunt, as I know how that's taken, but you're not taking the hints, so that's what I'm left with - blunt honesty. From my point of view, you're trying to wing it, trying to use what you think is common sense in lieu of the actual knowledge and experience that you admit you don't have on this particular subject.

I get that cognitive dissonance can be a natural reaction to having one's beliefs challenged. But reality doesn't care if someone's having a tough time accepting it.

For the 3rd time, please stop.

 

[tirediron]

Well, clearly you're the expert and by virtue of the fact that you've said I'm wrong, I must be wrong.

 

[vintagesnaps]

OK it isn't really funny, but jeez.

John's opinion isn't wrong (or may not be right), his opinion is his opinion. Take it for what it's worth. I value his opinions because he is knowledgeable and offers suggestions in an appropriate professional way.

Buckster the impression I've gotten is that you've posted a zillion of your photos all over the internet. Seems sort of like tossing a line out there knowing there are plenty of fish in the pond, people who will take/steal photos. Most people probably are not going to be able to sit and fish all day, or keep tracking down violations.

I would suggest people look at Terms on any site they want to use. Think about why you're using a particular site, who do you want to be able to see your pictures? Learn about watermarking, learn about copyright, get informed about how to protect your work, etc. American Society of Media Photographers or PPA have information. (edit - And in the OP's situation I'd check on ebay what to do and contact them to stop your photo being used, then rethink how/where you're posting photos online.)

 

[Buckster]

Offs

 

[im2c0ol]

He reply to my email, asked if he can continue use the photo. I offer him to purchase the copy right, I'll take new photo for him. His reply:

ear im2c0ol,

honestly i just need 3 images where shows hids in your car, 3 images where shows led lights thats all i need. Let me know how much you want me to pay you for those 6 images?

- hidsusa

How much should I charge him? I want it affordable but not too cheap .

 

[Braineack]

$0.

 

[nathan cox]

$30-$40 you need to take more photos and that is $5 per a photo. You need to compare yourself to the stock photo sites that is why I think $30-$40.

 

[KmH]

Don't sell your copyrights.
Sell him a use license valid for use on eBay only, for 1 year.

He sells his license plate lights for about @$25 each.
Sell him a use license for the 6 photos @ $25 each, or $150.

If after a year he wants to re-license the 6 photos for an additional year, he pays another $150.

 

[nathan cox]

Don't sell your copyrights.
Sell him a use license valid for use on eBay only, for 1 year.

He sells his license plate lights for about @$25 each.
Sell him a use license for the 6 photos @ $25 each, or $150.

If after a year he wants to re-license the 6 photos for an additional year, he pays another $150.

If I was selling the lights I would say "stuff the photographer I will rip off another person if I have to pay $150 a year" it matters on the person and how much they are making

 

[480sparky]

If I was selling the lights I would say "stuff the photographer I will rip off another person if I have to pay $150 a year" it matters on the person and how much they are making

Legally, he's already obliged to pay.