Quote:
Originally Posted by pornlaw
Oh, one important point I forgot to mention. If you are filing in the US -you could only reach the gross US profits.
As for mgtarheels comment --good luck finding a lawyer to take this one on contingency. Most copyright litigation cases will require $100,000 or more of attorney time. If the case is worth $300,000 or more - then maybe. But its hard to determine value before any discovery is done. If they didnt have much in the way of sales your attorney may pull out before then end of the case and leave you hanging if you arent paying them.
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I read OP's plea and took it as the problem is the offender used the models picture to advertise on their site. So I wouldn't think this was about copyright. I think this is about using someone's likeness without permission.
An example would be if I was selling golf balls and I just took a picture of Tiger woods off the internet and used it to promote my golf balls. The copyright owner might sue me for damages and Tiger would sue me for using his likeness.
I'm sure it's not worth going after the theft of one picture but using someone's likeness without permission for financial gain would seem to be the way to go and a lot easier to prove.
It also seems that a lot of these cases can be settled out of court with the right approach.