Failure to Register Copyright Cost Photographer $201,550.

gavel on top of laptop

Not to beat a dead horse but…my post on copyright didn’t get many reads. As I said, I know it’s not a sexy topic. But who couldn’t use an extra 2-hundred grand? And that’s just part of what one photographer could have won in his copyright lawsuit.

I’ll link to the article at the end; be warned, it’s got some legal speak. Here’s the breakdown: A painter works from photographs to make his paintings. Another artists allegedly takes one of those photographs without permission and makes a painting from it; in essence, a copy. That artist dies but his wife puts the painting for sale on a web site. The first artist (the one who took the picture) sues and wins $201,550 in “actual damages”. Because he did not register the copyright in a timely manner, he had to prove “actual damages” and was not eligible for “statutory damages” which could have been much more. In the end, a court found he had not proven “actual damages”, which is hard to prove, and threw out the award.

Here’s the article:

http://copyrightlitigation.blogspot.com/2010/03/4th-circuit-fine-art-paintings-from.html

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2 thoughts on “Failure to Register Copyright Cost Photographer $201,550.

  1. Pingback: Three Ways Photographers Can See Who’s Using Their Images « Harry Lim Photography's Blog

  2. Pingback: Copyrighting Cost | AllGraphicsOnline.com

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