Jonny Quick
BANNED
- Aug 26, 2010
- 232
- 345
As a general question, out of the millions of photos online, how did they find this one? Is there some kind of identifying information in the photo itself that can be found by text search?
I think it's fair that they be required to prove that the photo is theirs. They would certainly have to do it in court, and if they can't do it there they have no case. What if it is their image, but they can't prove it; they just "KNOW" it's theirs? I think it's fair to ask for a proof of copyright, or whatever. Also some substantiation that $1800 is fair. If they can ask for $1800, why not $36,000 ? Why not $225,000 ? There has to be justification for this figure, otherwise why not $150? How hard is it to find a picture of a piece of meat? What's the demand for meat pictures like, and what is the supply like? If you had to contract someone to make a meat picture, how much would that cost?
Who was the photographer? When was the photo taken? Or did they steal it from someone else, and after a while they simply decided it was theirs, had always been theirs, they own it end of story. What if they stole it from someone else and don't even know it? People retire, quit, get fired, get promoted to another office, etc... The guy that thinks they own it and is threatening legal action may be surprised to discover they stole it also. Maybe.
Long before I paid any money, I would seriously consider all these questions and more.
Such as, how much will they have to pay in attorney's fees in order to take a weak case over a low-quality meat picture to sue you in your state on the chance that they MIGHT win?
Another thought: What if they claim to have copyrighted that image in 2006, and you find it in use prior to that online?
Yet another thought: What is the law with regard to altering someone else's image. How much alternation needs to take place before it is no longer "theirs" ? Is the image you used the same size as the original? Same resolution? Same color balance? Any added text, airbrushing, photoshopping, etc...? And if you found it online, maybe someone else did to. How did it get there? Did they watermark the image? How many other people are currently using the exact same image? Have they also gotten legal letters?
I think it's fair that they be required to prove that the photo is theirs. They would certainly have to do it in court, and if they can't do it there they have no case. What if it is their image, but they can't prove it; they just "KNOW" it's theirs? I think it's fair to ask for a proof of copyright, or whatever. Also some substantiation that $1800 is fair. If they can ask for $1800, why not $36,000 ? Why not $225,000 ? There has to be justification for this figure, otherwise why not $150? How hard is it to find a picture of a piece of meat? What's the demand for meat pictures like, and what is the supply like? If you had to contract someone to make a meat picture, how much would that cost?
Who was the photographer? When was the photo taken? Or did they steal it from someone else, and after a while they simply decided it was theirs, had always been theirs, they own it end of story. What if they stole it from someone else and don't even know it? People retire, quit, get fired, get promoted to another office, etc... The guy that thinks they own it and is threatening legal action may be surprised to discover they stole it also. Maybe.
Long before I paid any money, I would seriously consider all these questions and more.
Such as, how much will they have to pay in attorney's fees in order to take a weak case over a low-quality meat picture to sue you in your state on the chance that they MIGHT win?
Another thought: What if they claim to have copyrighted that image in 2006, and you find it in use prior to that online?
Yet another thought: What is the law with regard to altering someone else's image. How much alternation needs to take place before it is no longer "theirs" ? Is the image you used the same size as the original? Same resolution? Same color balance? Any added text, airbrushing, photoshopping, etc...? And if you found it online, maybe someone else did to. How did it get there? Did they watermark the image? How many other people are currently using the exact same image? Have they also gotten legal letters?
Last edited:
