I assume you believe you have rights. Are they valuable to you? If someone
deprives you of a right, don't you feel harmed in some way even if what you
lost (control over actions on your property) did not cause any monetary
loss? Such a thing should be a cause for a civil suit, if for no other
reason than to secure your right. In such a case, I have no problem with a
court finding $0 for damages, but still assigning such punitave awards as is
necessary to dissuade the person (and others) from usurping your rights or
the rights of others.
Now, in this case, there are actual damages. They are whatever the
photographer sold the photos for. But they weren't allowing profit from
photos anyway you say, so how could they claim damages? Well, I suppose one
could say that they could change their mind at a later date, take photos
themselves and reap the profit. For me, that's not the real issue. Usurping
one's right to control their property would be the issue. Look if someone
dings your car, they are libel for the damage. They must pay. If, instead of
fixing the dent, you decide to buy a new lens with the money, the schmuk who
had to pay can't go back to court to get his money back because you didn't
fix the dent!
Regards,
Bob...
--------------------------------------------------------
"Art is not a reflection of reality. it is the reality of a reflection."
-Jean Luc Godard
----- Original Message -----
From: "Rebekah" <[EMAIL PROTECTED]>
>I don't see how this guy making money off of the photographs could be
> considered "damages". They certainly didn't lose any money just
> because he made some - from what I can tell the clause on the property
> said 'no photographs for commercial gain' - not, 'if you make some
> money, you have to share'. And trespassing is illegal, but did he
> 'damage' anything? I really think the only thing they can do is point
> their finger and file a police report for trespassing. I'll certainly
> be watching the outcome of this case closely because I just went to a
> nearby plantation and photographed just about everything there,
> although I really doubt I'll be selling my pictures for any price, let
> alone a few grand.
--
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