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>it says: "
>I am sorry, but the pictures have been asked to be removed
>
>By Barry Miller of the WKPP.
>
>We will remove them when the copyright papers are received.
>
>We have stated in a e-mail to Mr. Miller this request and
>
>will remove them upon receipt of the copyright notice."
>
>at the caveworld website.
>
>Does that mean that, if Barry didn't actually have his pictures
copyrighted, he cannot take any action against them being used?
>Anyone have the legal angle on this?


Your copyright protection extends from the moment of creation of the image,
without regard to the owner of the film, (i.e. you buy the film, I take the
image, its MINE not yours), whether or not you've registered the copyright,
unless you are working under a 'work for hire' agreement.  Any publisher
should know this.  If you have not filed, you can only claim actual damages.
If you have not filed, you must file the copyright prior to filing an
infringement suit.  You do NOT have to display the (c) symbol, you do not
have to have filed for there to have been a violation.

A copyright infringement occurs any time someone exercises exclusive rights
that are protected under the copyright law.  The fact that the infringing
party did not know or intend to improperly use the image is relevant only to
the amount and kind of penalty that can be levied.

You have 2 types of damages that can be collect.  Actual damages relates to
the amount of financial injury the photographer sustained, or the amount of
profits made by the infringe.  To establish amount, the photographer has to
establish  gross receipts, infringer must prove expenses.

Statutory damages are limited to an amount between $500 and $20,000 per
infringement.  This can be increased to $100,000 if photographer can prove
infringer knew illegal act was being committed.  However, statutory damages
are not awarded if copyright was not filed prior to infringement.

Registration of copyright within 3 months of publication is considered to be
the equivalent of registering on the date of publication.

IOW - Barry can stand to collect $100,000 + amounts of profits of the
infringer during the time that the image was being used.

Barry, get a lawyer, and go after these guys.  I'm a photographer - I don't
like it when people steal my trade goods.  I would actively look for and
pursue these people.

-WES

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