Hi Roger,
Small claims court cases are usually pretty straightforward and easily won if
you have the evidence in order. I've read the problem can arise in the
collection of damages. My one experience was positive (the other party sent
my damage deposit refund upon receiving notice of the court date - it still
cost me the hassle of filling out paperwork & filing & paying the filing fee
- and that after writing a polite but firm letter detailing all the painting,
replanting and improving we did to her property, and getting no response).
If this were my photo and this were happening to me, I'd feel violated and be
p*ssed. And I don't think I'd be inclined to enter into a relationship of
ANY sort with a company/individual willing to steal my image in the first
place. I would, at the very least, write a letter informing them of
copyright infringement, demand the image be removed from their site, and
emphasize that they will be held legally/financially liable for any further
use of that or any other of MY COPYRIGHTED images.
If I could afford it, I would involve an attorney. I can personally vouch
for the fact that a letter from an attorney can be very effective. It
demonstrates that you or at least the attorney know(s) your rights, have the
big gun to back yourself up, and are willing to use that gun. It was worth
every penny of the satisfaction of serving notice that "if you want a war,
you'll get one" (in other words, you picked the wrong guy to mess with, pal)
and getting a prompt response that put the matter to rest. At the very
least, CONFER with an attorney. Most will give you 1/2 hour or at least a
short consultation for free.
There may be a gentler or more mutually beneficial way of going about this.
I'm just not inclined to "make nice" with thieves & punks.
Rich
P.S. That's a great photo! Think of the investment in equipment, time,
effort, and expense learning the art & craft of photography, and the time,
effort, and expense it took to capture the image, develop, scan, post, etc.
|