Pam writes:
>This is a current problem I am having. I am really getting
>tired of these types of problems but what are we supposed
>to do about it if we don't have legal representation? I
>can't afford to send a lawyer after evey one of these that
>I find. Usually a letter like the one below is enough to get
>the images removed. Here it doesn't seem that that will work.
>My question has to do with this statement:
>
>>Additionally, according to Internet rulings -- as long as graphics are
>>not sold and no profit is made from them, everything is royalty free.
>>People use our graphics all the time and we are not concerned. In fact,
>>we think of it as a compliment.
>
>What internet ruling is she eluding to?
None. This person has absolutely no idea what she is talking about.
>>Date: Sun, 27 Sep 1998 00:04:54 -0400
>>From: Victoria Ring <[EMAIL PROTECTED]>
>>Organization: YouOnLine.Net
>>X-Mailer: Mozilla 4.06 [en] (Win95; I)
>>To: Pambytes <[EMAIL PROTECTED]>
>>Subject: Re: background images
>>
>>Images on our freebie pages were obtained from a CD Rom that we
>>purchased on the internet. We have sent your inquiry to this company and
>>are awaiting their reply. We had no intention of stealing any of your
>>graphics. The CD Rom we purchased said the graphics were "royalty free"
>>and we would be able to use them in any way we saw fit on the Internet,
>>as long as we didn't sell them.
This is an interesting paragraph. If your images were sold via a CD, your
damages _could_ include actual profits made by the seller of the CD.
>>As soon as I hear from the company I will know what to do. Otherwise,
>>the graphics will remain in tact since we are not violating any
>>copyright laws.
Actually, she doesn't have this luxury. Having been put on notice that she
is infringing, she cannot claim that she was an innocent infringer. She
should be a defendant in a lawsuit.
Unfortunately, you _absolutely_,without_doubt,_see_a_copyright_attorney.
There are subtleties that can be fatal to your situation (law suit). If you
cannot afford an attorney for each situation, you may want to pick those
situations that are most likely to translate into recovery of damages. (It
shouldn't cost anything to see an attorney initially.)
Good luck.
---
Scott J. Fine
Fine Hummel, P.C.
Attorneys At Law
7 High Street, Huntington, New York 11743
516.351.2100
<http://www.finehummel.com>
<http://www.ipcafe.net>
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