suing people for stealing your work QUESTION

MikaGrin · January 12, 2010

If somebody steal photo and work from you to built his business behind your back, and than one day you discover the masquerade and you decide to sue this person, what could possibly happening to him or her, how much damages and punishment he could receive and how much money he could have to pay at the end of a prosecution?

Any experts in the domain?

Thank you, Mika

ivar · January 12, 2010

I moved this to the "Mind Your Own Business" forum

Sam · January 12, 2010

Two things are going to slow you down getting your answer. First you have provided almost no information / details. Second your in Canada and the copyright laws there are going to be different than in America. (a large % of forum members are located in the USA.

Seek out Canadian law.

Good Luck!

Sam

Snowgirl · January 12, 2010

Are you a member of the PPOC? They have some great info. on copyright law and protection that is specific to Canada. Copyright is federally legislated so there shouldn't be any provincial discrepancies.

Let us know how you make out.

-- a fellow Canadiabn

MikaGrin · January 12, 2010

Sam wrote:

Two things are going to slow you down getting your answer. First you have provided almost no information / details. Second your in Canada and the copyright laws there are going to be different than in America. (a large % of forum members are located in the USA.

Seek out Canadian law.

Good Luck!

Sam

Actually i'm French (from France not Quebec) living in Montreal.....Sir i asking in fact if such thing happen to an unlucky photographer in the US if he sue the guy what's happenning to this criminal , because that happening right now to one of my colleague in Paris and he just start suing this person, i know what's gone happen in France, but i was just curious of what could happen in USA, that's all.

Thank, Mika

timk519 · January 12, 2010

I know it's happened in Canada where someone used a shot of a Giraffe for a business use, and the owners of the animal (African Lion Safari) sued and got $3500 from the deal.

MikaGrin · January 12, 2010

Snowgirl wrote:

Are you a member of the PPOC? They have some great info. on copyright law and protection that is specific to Canada. Copyright is federally legislated so there shouldn't be any provincial discrepancies.

Let us know how you make out.

-- a fellow Canadiabn

Thank you Snowgirl i gone check PPoC, but i'm more curious of what could happen in the USA because i know for sure they take things allot more seriously than Europe or Canada about photography Copy Rights .

Angelo · January 12, 2010

In the US if a photo, that is properly registered with the copyright office, is stolen for use in a commercial enterprise there can be substantial finacial penalties. It is very unlikely there would be any jail time as this would be a civil and not criminal matter.

Damage awards are most often tied to percentages of loss or loss of potential usage. Amounts can run into the tens of thousands of dollars depending on many factors such as the notoriety of the photographer, familiarity of the subject matter and/or the severity of the copyright breach.

.

MikaGrin · January 12, 2010

timk519 wrote:

I know it's happened in Canada where someone used a shot of a Giraffe for a business use, and the owners of the animal (African Lion Safari) sued and got $3500 from the deal.

I know, that's why when you take a picture of a private properties such (animal, house or building) you have to have all the time on you some release form or contract to be signed, but here is not the problem, i want to know about stealing photographs intentionally.

MikaGrin · January 12, 2010

Angelo wrote:

In the US if a photo, that is properly registered with the copyright office, is stolen for use in a commercial enterprise there can be substantial finacial penalties. It is very unlikely there would be any jail time as this would be a civil and not criminal matter.

Damage awards are most often tied to percentages of loss or loss of potential usage. Amounts can run into the tens of thousands of dollars depending on many factors such as the notoriety of the photographer, familiarity of the subject matter and/or the severity of the copyright breach.

.

Tank you Angelo, i have ear about Digimarc to protect and track your photos on the web, what do you thing about this technology of invisible digital watermark, is it really protecting your photos from being stolen?

Angelo · January 12, 2010

MikaGrin wrote:

Tank you Angelo, i have ear about Digimarc to protect and track your photos on the web, what do you thing about this technology of invisible digital watermark, is it really protecting your photos from being stolen?

I'm not well versed enough on the technology to comment. Perhaps someone else will have useful information.

thaKing · January 12, 2010

only vaguely familiar with it, but the way i understand it, it won't "protect" your photos from being stolen...what it does is it allows you to determine if someone is using your photos elsewhere (legally or illegally) based on your watermark...so folks can still steal them, but you will be able to "track it" with digimarc...

promoguy · January 12, 2010

Remember!!! You can win all the judgments in the world. That is the easiest part. Now try to collecting on those judgments. Now that's fun. I have one, non photo, with small claims judgment for money owed, 500.00. Just got their Chap 11 filing this week. Good bye 500.00.

suing people for stealing your work QUESTION

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