1/30/2011 4:20:47 PM
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Section 18: Outdoor Writing Subject: Writing For A Living Msg# 767757
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Don, I don't question a settlement -- I question the $1 million. Here's why I question the $1 million -- as far as I know, the law, even with the photo filed for copyright with the proper agency, only allows reimbursement to the amount of proved damages. You tell me how an outdoor writer/photographer could have proved damages of $1 million for some use of a single image. Was he waiting on the moon to take their picture when the first astronauts arrived. What is the fellow's name? I'd like to look into this. |
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For reference, the above message is a reply to a message where: It is true. We were shown the paper work on it. I might still have some of it and will check it out. He had documented all his efforts to get the website to take his photo off and they just refused to do so. Ultimately he went to a Austin, TX law frim with the proof that he had copyrighted the photo with the U.S. governmental agency that does such things and that he had made a number of contacts with the company in question. They took the case on a contingency basis so he was not out any more money for lawyers. Aparently the case made news in Texas and that was why he was asked to do the presentation. |