John Sessoms wrote:

>I do know one person who had to go to court to "collect" on a copyright
>infringement. Or *NOT* "collect" ...
>
>His advice was if you have to go to court, you've already lost. Be sure
>you find a lawyer who will take the case on a contingency fee basis.
>
>He was a commercial photographer & the image was a portfolio image he
>had created to demonstrate his chops (i.e. not work for hire or anything
>like that).
>
>The infringer was a small corporation who refused to settle & tied the
>matter up in court for several years. When they finally lost, they
>declared bankruptcy & went out of business. After the dust settled the
>corporation had no assets left that could be attached to collect the
>judgment.
>
>And the infringers were already back in business under a new incorporation.

What was the name of your friend?

And what was the name of his lawyer, because he definitely had the
world's shittiest IP lawyer. The advice that "if you have to go to
court you've already lost" applies to the infringer, because copyright
law heavily favors the copyright owner (assuming the copyright is
*registered*).

I recommend reading the regular Copyright Law column in Photoshop User
magazine.
 
-- 
Mark Roberts - Photography & Multimedia
www.robertstech.com





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