Re: FN-FORUM: photos - used without permission

date posted 25th January 2006 21:32

James Firth wrote:
>> Why would anyone assume that it was in the public domain?
>
> Now I don't for a minute believe they did, but they could use this as
> a defence.
>
> Say you set up a site, and forget to include copyright notices, and
> don't include any contact information, yada yada. Anyone who then
> used content on your site could claim in their defence that you
> didn't take reasonable steps to protect your intellectual property,
> and they'd assumed that the content was in the public domain. That's
> why everything in this world has a (C) notice on it.
>
> No-one knows for sure how a judge would rule, but if the perpetrators
> can show they have taken swift action to rectify the situation once
> their "mistake" was realised, and you can't disprove their claim, I'm
> guessing you won't win substantial damages.

Both pleas in mitigation: "Sorry judge, didn't mean to do it!" Probable
advice from a decent legal representative, not to get off with obvious
copyright theft but to reduce the final damage and possibly argue for no
expenses in the cause. The simple fact is that the thief saw pictures, knew
they didn't have ownership, and took them. If they didn't make adequate
inquiry as to ownership then that too would add to the facts supporting
intended theft and use of the result of that theft.

Do not attempt to charge a ridiculous price. A potential claim of entrapment
could arise if a clear notice of ownership was not displayed on the site.

I have observed Richard Quick's comments. Under no circumstances should you
take his advice seriously.

Finally, reasonableness. Offer to charge a reasonable price for fast
payment, say £50-150. Do not say it to the alleged thief but if there's no
resolution within a reasonable period then notify the person(s) local police
and make a formal complaint. The matter is in the interests of web users
generally. Do not threaten that if payment isn't made you'll notify the
police... that's extortion and a much more serious crime than simple
copyright theft.

HTH.

Mike A.