The Court Of Public Opinion

True Story:

A photographer recently settled for $275,000 with the Dallas Cowboys after the Cowboys used one of his pictures on clothing and other merchandise without permission. But after the settlement was reached, the Cowboys barred the photographer from ever working in Texas Stadium where the Cowboys play.

The photographer had given a digital file of a photograph to the Cowboys who considered it for use on season tickets. The Cowboys then bought only 250 copies to resell as prints to the public. Later, the Cowboys used the same image on clothing and other items, without getting permission from the photographer for the additional usage. The photographer had not registered his photo with the U.S. Copyright Office.

When the photographer discovered the infringements and inquired about it, the Cowboys offered him $1,000 in merchandise gift certificates. After trying to negotiate a settlement on his own for about a year, he hired a lawyer. Three years later, a settlement was reached.

Morals of the story:

-Many infringements come from uses beyond that agreed to. The infringements can come from uses on different products, for longer terms, in extra forms such as print or electronic, in other locations, etc.

-Watch your clients use of your work closely.

-Register your images with the U.S. Copyright Office before you give, or within three months of giving, them to a client.

-Even if you havent registered your photographs with the U.S. Copyright Office, you are entitled to actual damages from infringements. They can be hard to prove, but sometimes they can add up to substantial sums.

-While you may be a good negotiator, it can help to have a lawyer to give weight to your position.

-If you have to sue a client, you probably wont get work from that client again.

-Legal matters can take time; be patient for your rewards.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved PhotoAttorney

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Theres no doubt that its easier to register your photographs before you publish them. But if you didn’t get it done then, it’s better late than never to register your published images. The good news is that its more convenient and cheaper than ever to register your photographs after they have been published.

Pursuant to a recent change in copyright law, you now can register a group of published images on one form. The only requirements are that the photos must have been published in the same year, made by the same photographer and have the same copyright claimant. This should fit the profile of most photographers and their work.

Another beneficial change in the law is that group registration of published images currently requires only one deposit or copy of the image. Previously, you had to submit two of the actual published copies. Now you can register your published images on one form, with only one deposit, one application and one filing fee, as long as they meet the above requirements.

Specific instructions on how to prepare your registration forms for published photographs are available from the Picture Archive Council of America at http://www.pacaoffice.org/copyright.html in The Importance of Copyright Registration

You no longer have an excuse. Go to the dentist, change the oil in your car, and register your images, both unpublished and published. Its better late than never.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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