I understand the point. You simply CANNOT place an arbitrary value on a photo and simply say it is worth XX or YY. You don't have that right to make those decisions for the creator of that content.
I could take a photo of a spoon on my kitchen counter and it is worth $20,000 to me. It doesn't have to be fair, just right. Copyright protection allows up to $150K per violation to send a message. Simple. Don't steal. If the damages are high enough and more cases like this come to light, it would discourage others from stealing. If you read the reddit thread, the whole video and incident exploded with an overwhelming majority support to the photographer.
If Dan DaSilva took a photo of mine, I would pursue the same amount of damages? Why? As a photographer. I don't want to be associated with him. I don't want my clients to think I serve that level/class of clientele. Hence the damages. When I do a photo for a big client, I sign away 12 pages worth of legal documents that prohibits disclosing my relationship because brands are like that. I can't even mention it in my resume. Why? The brand doesn't know if I am some political nut-job or whacko. Hence, lengthy long exclusive right assignments. In the business, there is that separation. They dont want to risk the exposure of brand damage. Fines are up to $20,000.
Same thing here. The photographer's reputation is tainted by having DaSilva use on of his images. BTW, The image was that of a woman against a wall. Da Silva violated those rules by using an image in a commercial setting.
Back to the point, how will this play out on Instagram. I see blatant theft on new Luxury feeds that pop-up every week. They blatantly steal images. Some of them by so call gurus who pimp webinar instagram growth classes/e-books. I sell my reject photos on stock site which goes for $3-4 for low-res usage. I wonder if a feature account had to pay $4-5 per post, would they continue to exist? And most of those $4-5 images are shite.
