First, please
understand that I am NOT a lawyer. I am assuming that others who have opinions
on this and contribute to this list are also not lawyers. Why that is important
is that if you are not a lawyer, your opinion weighs in a lot less, especially
if you are attempting to offer legal advice. At the very least, your opinion
carries no weight. Worse, you might lead someone astray if they try to follow
your advice. Worst of all, you may run afoul of laws about practicing law
without a license. Just keep in mind where you stand.
Second,
understand that Steve is right about what a copyright allows you to do. It
allows you to bring a court action. It does not mean you are going to win. It
also does not mean you will be able to collect even if you do. This is just one
of those hard things you need to know these days.
So, what if
someone uses your image without your consent? OK, you cough up a couple of
thousand for a lawyer as a retainer and an advance on expenses. Then the lawyer
has to track down the offender, which may be difficult. Then the suit needs to
be filed, making claims. What are the claims for a guy stealing your image for
e-Bay? If the item sells for $50, let us say, you might be able to argue that
your image raised his selling price by $10? Is that fair? Maybe, if you're
lucky, you get the whole $50 at stake. Then you might try for court costs or
some sort of pain and suffering. Hmm. Maybe your original $2000 plus $50. This
is small claims territory. And even if you get a judgment, how are you gonna
collect? More legal hassles.
I think you see
what I am getting at. Sometimes it's not worth the trouble. It's one thing to
sue a deep pockets offender like General Motors. It's quite another to sue some
lowlife bum who steals a picture off the internet. I'm glad e-Bay has the
policy described because I don't think there are many other options.
So, where does
that get us? It gets us back to Steve's other statement. It's a matter of
courtesy and common decency to ask first and make the proper attribution.
Decency? Courtesy? When was the last time those came up? Put me down as an old
fashioned guy who still believes in doing the right thing. Remember, I am not a
lawyer.
Ted.
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