Re: FN-FORUM: photos - used without permission

date posted 25th January 2006 20:51

> ---
> 6) If it comes to court you'll be able to sue them for =A32,500 - the
> magistrate may make you settle for =A31000. If you sue them for =A320 =
it
> isn't worth your while.
> ---
>
> That is, if they don't have a half decent lawyer themselves. In =20
> the event
> that they do remove the picture on receipt of your letter, they =20
> could then
> claim that the copyright owner was not clearly identified from the =20
> site that
> they acquired it from (hard to disprove), and that they had mistakenly
> assumed it was in the public domain.

And next time I go past your house I'll take your car because I =20
assumed it was 'in the public domain'

a) people who are stupid enough to steal a photo when you can get =20
half decent ones free anyway DON'T have decent lawyers

b) ignorance is not a defence

> You may get jack if you can't prove you took reasonable steps to =20
> protect
> your own copyright.

c) copyright is automatically given to the creator whether they claim =20=

it or not. The onus is on the user/thief to find out if they could =20
use it.

Their only defence would be to prove Andrew DIDN'T own the copyright =20
or that he had cleared them to use it.