Originally Posted by Jim_Gunn (Post 16958747)

Or are there any slam dunk cases where it would not potentially cost so much in attorney fees to hire an attorney like your self and try to win and eventually collect the statutory damages available under the law?

Originally Posted by pornlaw (Post 16958502)

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.

Originally Posted by DBS.US (Post 16959234)

Question for PornLaw


Single Published Photographs and Published units With one application and filing fee, you can apply to register a single published photograph or an entire unit or package of published photographs?for example, photos in a calendar, a set of baseball cards, or illustrations in a book. You can apply to register these types of photographs using eCO, Form CO, or paper Form VA. See the back side of this form letter for details
http://www.copyright.gov/fls/fl107.html

Q: Can "an entire unit" be photos from three month of shooting? Title First quarter 2010

Originally Posted by Barefootsies (Post 16958133)

Frankly, it is not worth the expenses or going the distance. Just ask Perfect10 who have been trying to sue everyone for years on how successful they have not/been. Especially when it comes to Google, and their 'chillingeffects.org'.

Once they received notice, they removed it per DMCA.

Them admitting it was used in an advertisement, and them intentionally or maliciously admitting to using it are two different things. Especially if it is just rotated their member's images based on click thru's or some shit by their CMS or script.

While they are trying to cite 'user uploaded content' and 'safe harbor' as on their side, I think there is simply too much grey area in this matter, and you are going to spend a lot of money and years of hassle for nothing more than pride.

There was a YouTube case just last year involving some dancing kid and a song playing in the background while the kid was dancing. The record company sued and lost. The video was reposted and legal. I would open up a history book, and bone up on some cases already lost before breaking open your check book to pursue this.

That said, "pride has no place in the courtroom".

:2 cents:

Originally Posted by CyberClaire (Post 16958075)

NO,
I wouldnt even think about it..unless you dont mind spending thousands on something you may or may not win and if you did win the damages im guessing would be small.

Did you lose huge income from it happening ? Did they gain huge income from doing it....if the answer is No forget it.

Just my personal view.

Originally Posted by Juilan (Post 16961147)

It would be hard proving damages. However Francine Dee is a known public figure with a paysite business in the same market, did you see a impact in your stats... I wish you the best, I know how it feels to see Fake profiles using PHOTO's you shot yourself used by a major dating site and having to go after them, I've been there.

Originally Posted by Morphious (Post 16957989)

"If Pepsi uses Madona's song in their advertisements and she finds out about it, You can guarantee that she will get paid for it!" was my comments back to the attorney.

Originally Posted by NoWhErE (Post 16961808)

Hire Denny Crane

Originally Posted by Jim_Gunn (Post 16961733)

Did you read Pornlaw's post? If you have previously filed for copyright, the law allows for statutory damages. You don't have to prove actual damages.