Photo Licensing Questions

Nice one! If this is a big corporation, you really should ask a consultant, because it might become tricky. Seth Resnick - top contributor to Shakodo - offers such a service, if he is not giving advice here for free :)

http://www.d-65.com/priceassist.html

An update to the case. On 14 Feb 2012, in US District Court for Central District of California, Western Division, the court issued a Default Judgment against one defendant, Todd Dorff dba Mason Bay Media, the graphic designer, web designer and hosting company, for statutory damages. The court ruled in my favor. The judge stated he found it to be "Willful and Intentional Infringement" and awarded me statutory damages in the amount of $150,000 plus costs of $900 plus attorney's fees of $6,600. The judge also issued a injunctive relief regarding the continued use of the image stating "Defendant’s agents, servants, employees; and all persons in active concert and participation with Defendant who receive actual notice of the injunction are hereby permanently restrained and enjoined from infringing Plaintiff’s Copyright in and to the Photograph, in any manner, including generally, but not limited to, copying, altering, or displaying the Photograph or the Logo unlawfully derived therefrom, whether on the jsrodeo.com website, any other website or web page, on physical goods, printed matter or otherwise, without the express prior written consent of Plaintiff.".

The judge stated in his ruling "Defendant’s infringing conduct is a clear and unmistakable violation of Plaintiff’s rights. Defendant’s conduct has been patently unreasonable and egregious, violating Plaintiff’s rights by appropriating the Plaintiff’s Copyrighted Photograph for a company Logo, when Defendant intended or knew or should have known that such infringing activity would likely injure Plaintiff, deprive Plaintiff of income flowing from his exercise of exclusive rights granted to the owners of copyright, requiring Plaintiff to institute and prosecute this action, and incur fees and costs in so doing, for Defendant’s commercial gain and personal profit. Considerations of appropriate compensation and adequate deterrence also militate in favor of granting Plaintiff an award of attorneys’ fees, pursuant to 17 U.S.C. § 505."

As of this time the remaining defendants have failed to take down the image from many websites per the injunction issued by the court. Therefore I am proceeding with a claim of Contempt of Court and Summary Judgment against the remaining defendants in the case.

If anyone knows of a good collection agency or collection attorney, I would appreciate them forwarding the name (s) to me, as I want to start trying to recover my award.

Thank you to all who have commented on this thread.

Wow, I am impressed! Thats a great outcome - even you don't have the money yet. Good luck getting it and thanks for the update!

Juergen,

Yes, and we still have 4 defendants to go in the suit.  The rodeo company's insurance is looking at it now.  I will keep you updated.