Comments on: I’m Gonna Sue! http://www.asmp.org/strictlybusiness/2010/02/i%e2%80%99m-gonna-sue/ It's Your Business Tue, 07 Feb 2012 18:00:33 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Jim Cavanaugh http://www.asmp.org/strictlybusiness/2010/02/i%e2%80%99m-gonna-sue/comment-page-1/#comment-8349 Jim Cavanaugh Thu, 04 Mar 2010 21:58:28 +0000 http://www.asmp.org/strictlybusiness/?p=2345#comment-8349 Ottmar, Sometimes it is the only solution. I just want to try and make it the final solution. Ottmar,

Sometimes it is the only solution. I just want to try and make it the final solution.

]]> By: Ottmar Bierwagen http://www.asmp.org/strictlybusiness/2010/02/i%e2%80%99m-gonna-sue/comment-page-1/#comment-8347 Ottmar Bierwagen Thu, 04 Mar 2010 20:43:50 +0000 http://www.asmp.org/strictlybusiness/?p=2345#comment-8347 Sometimes though, court is the last response and resort. In 1987 I found a publisher for a Calgary, Canada coffee table book for the upcoming Olympics. The publisher had the current mayor agree to write a ford, took 97 original transparencies to his office so he could have some idea of what to write. Said mayor and publisher went to lunch, transparencies left on the mayor's desk. On their return, the transparencies had disappeared.A frantic search found nothing. I hired a litigation law firm; in Canada cities have legal departments, no insurance. It took 6 years to settle, my lawyer against 14 lawyers for the city. They settled at the last minute before proceedings were to start. I also sued the publisher and won that one out of court.Sometimes it is the only solution. Sometimes though, court is the last response and resort. In 1987 I found a publisher for a Calgary, Canada coffee table book for the upcoming Olympics. The publisher had the current mayor agree to write a ford, took 97 original transparencies to his office so he could have some idea of what to write. Said mayor and publisher went to lunch, transparencies left on the mayor’s desk. On their return, the transparencies had disappeared.A frantic search found nothing. I hired a litigation law firm; in Canada cities have legal departments, no insurance. It took 6 years to settle, my lawyer against 14 lawyers for the city. They settled at the last minute before proceedings were to start. I also sued the publisher and won that one out of court.Sometimes it is the only solution.

]]> By: Jim Cavanaugh http://www.asmp.org/strictlybusiness/2010/02/i%e2%80%99m-gonna-sue/comment-page-1/#comment-8196 Jim Cavanaugh Mon, 01 Mar 2010 18:58:36 +0000 http://www.asmp.org/strictlybusiness/?p=2345#comment-8196 Bruce, This scenario may not be a copyright issue but a contractual issue. My post addresses an unauthorized use. It seems that you had an agreed upon use and price and simply failure of the client to pay you for what your client agreed. Many photographers will add a clause to their agreements that states "license for use is not granted until payment in full is received". In essence saying that using an image and failing to pay is a copyright violation. Unfortunately various courts have come down on both sides of this issue, some saying it is a copyright violation while others have said it is a contractual issue. After two years, I would agree that this dispute may leave no option other than seeking legal remedies. Bruce,

This scenario may not be a copyright issue but a contractual issue. My post addresses an unauthorized use. It seems that you had an agreed upon use and price and simply failure of the client to pay you for what your client agreed.

Many photographers will add a clause to their agreements that states “license for use is not granted until payment in full is received”. In essence saying that using an image and failing to pay is a copyright violation. Unfortunately various courts have come down on both sides of this issue, some saying it is a copyright violation while others have said it is a contractual issue.

After two years, I would agree that this dispute may leave no option other than seeking legal remedies.

]]> By: Bruce DeBoer http://www.asmp.org/strictlybusiness/2010/02/i%e2%80%99m-gonna-sue/comment-page-1/#comment-8162 Bruce DeBoer Mon, 01 Mar 2010 01:45:56 +0000 http://www.asmp.org/strictlybusiness/?p=2345#comment-8162 "No one wins lawsuits", is a true statement apart from extremes. The chances of YOU being one of those is very, very small. Yet, I find myself coming very close this year. - A two year old invoice. - Registered Trade Mark - Proof that they've been using it for 2 years - Iron Clad contract - Email Trail of communication with client - Legal ground work establishing a foundation and exhausting every other option. This is what it takes and even then, at best, I will get the original contracted price + legal fees + interest if I'm lucky! “No one wins lawsuits”, is a true statement apart from extremes. The chances of YOU being one of those is very, very small. Yet, I find myself coming very close this year.

- A two year old invoice.
- Registered Trade Mark
- Proof that they’ve been using it for 2 years
- Iron Clad contract
- Email Trail of communication with client
- Legal ground work establishing a foundation and exhausting every other option.

This is what it takes and even then, at best, I will get the original contracted price + legal fees + interest if I’m lucky!

]]> By: Dealing with Infringers | Attorney Legal Blog http://www.asmp.org/strictlybusiness/2010/02/i%e2%80%99m-gonna-sue/comment-page-1/#comment-8041 Dealing with Infringers | Attorney Legal Blog Sat, 27 Feb 2010 02:01:20 +0000 http://www.asmp.org/strictlybusiness/?p=2345#comment-8041 [...] Cavanaugh has a great blog entry over at the Strictly Business Blog about why you might want to try to work with the infringer rather than immediately hiring an [...] [...] Cavanaugh has a great blog entry over at the Strictly Business Blog about why you might want to try to work with the infringer rather than immediately hiring an [...]

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