P
pic-this
Guest
Texas
Here's a good one!
-I shot a catalog (client has rights)
-Client published website (does not have rights)
-Client and Agency agree that I should be compensated-neither pays.
-I register images w/i the 90 days of my getting a finished publication.
-Client pulls down web after recieving a cease and desist.
-I retain a lawyer.
-A month and a half passes, Client presumes I am not persuing and publishes 3 images on 5 header pages on the http://www.
-Client is served papers on the infringement.
-Client/Agency pulls down website (again)
-Client "says" the first publication was 2 weeks earlier than my effective date on first website.
-Client is denying any images on the 2nd website(where the images clearly are registered before the infringement).
Questions:
--Are the Statutory laws in affect on the 2nd infringement (website)?
or,
--Does the fact that I registered and sued while being infringed upon the first site rule out the 2nd infringement being a new case, and thereby not allowing me statutory damages and legal fees?
Thanks!
pic-this
Here's a good one!
-I shot a catalog (client has rights)
-Client published website (does not have rights)
-Client and Agency agree that I should be compensated-neither pays.
-I register images w/i the 90 days of my getting a finished publication.
-Client pulls down web after recieving a cease and desist.
-I retain a lawyer.
-A month and a half passes, Client presumes I am not persuing and publishes 3 images on 5 header pages on the http://www.
-Client is served papers on the infringement.
-Client/Agency pulls down website (again)
-Client "says" the first publication was 2 weeks earlier than my effective date on first website.
-Client is denying any images on the 2nd website(where the images clearly are registered before the infringement).
Questions:
--Are the Statutory laws in affect on the 2nd infringement (website)?
or,
--Does the fact that I registered and sued while being infringed upon the first site rule out the 2nd infringement being a new case, and thereby not allowing me statutory damages and legal fees?
Thanks!
pic-this