Unauthorized use of copyrighted photos

[pro_perdef]

What is the name of your state (only U.S. law)?

Hello, I live in Oregon.

I am a photographer by trade, and I recently discovered two of my photographs were being used on two different websites without my permission. I have never licensed these particular photos for that use, wouldn't ever, and I'm beyond ticked that it has happened.

I contacted both offenders. One is willing to negotiate a license to use the photo, they're "absolutely in love with it" and cannot imagine their site without it. Fine. We'll talk...but they're moving very slowly.

The other party turned their lawyers loose on me (three of them now). They demanded proof of ownership, and upon production of said proof they said they would pay my demand. Well, my copyright watermark was plastered ALL OVER the photo on their website, but that wasn't good enough. So I produced a copy of the application I had filed with the US Copyright Office. Now they say they won't pay despite me proving ownership.

Both parties are in other states. Can I sue them in Oregon federal court? Does the attorney's statement that they would pay my demand if I produced proof of ownership limit the damages I could recover? I didn't ask for anything near what I intend to sue for (legal maximums plus legal fees, etc.)

Thanks everyone.

 

[quincy]

Are your photographs federally registered now or were they registered prior to or within three months of their publication, or have you just recently sent in your application for registration?

If your photos were not registered prior to or within three months of first publication, then you will not be eligible to collect on statutory damages (which can allow for recovery of up to $30,000 per infringed work). You will instead be limited to the proven losses suffered by you as a result of the infringement, or the proven profits realized by your infringer as a result of their use of your photo. Profits and losses are often difficult to demonstrate and may not be enough to justify taking legal action against your infringer.

If the photographs are still displayed online and you have not already filed a DMCA takedown notice, I suggest that as your first step. That, at least, will stop the infringing activity for awhile while you decide whether to sue or not. Whether it will be worth the potentially high costs you will incur to file suit against your infringers is something you must decide, either on your own or with the help of an attorney, after weighing the facts both pro and con.

Good luck, pro_perdef.