Re: copy-right infringement -Reply

[Anthony Lupo <AVLUPO@xxxxxxxxxxxx>]

It is clear they have infringed on your copyright.  The only question
is what are your damages.  If the pictures were registered prior to
the infringement then you are entitled to statutory damages of
$500-20,000 per infringement.  If they are not registered then you
will have sue for actual damages (the royalty or licensing price).  In
additions, if the pictures are registered you could also be entitled to
attorneys fees.

I suggest you send them a cease and desist letter and a demand
for damages.  

Anthony v. Lupo, Esq.

>>> Alan Wheeler <prism@xxxxxxxxxx> 11/11 8:26 am >>>
My advice is to contact Ebay ASAP and threaten suit. They are
usually
pretty responsive about copyright infringement. I suggest you also
contact
a lawyer and sue the offending party. Ebay is required by law to
give up
this info.




At 12:01 PM 11/11/98 +0000, you wrote:
>Someone kindly pointed me to this Ebay page, where two of my
panoramic 
>images are shamelessly used for commercial purposes, without
either 
>reference or credit. 
>
>http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=41207087
>
>Any suggestions from copy-right lawyers in this group?
>Can I bill him?....for how much?....:-))
>
>Seems I can only find out this persons email address when I
register, 
>and I refuse to comply with that....any frequent Ebay-users
knowing 
>how? Mmm....I guess I should contact one of his
negative-feedback 
>customers, they should have his address....
>
>Btw, for those with a photographic memory, I hope that other
>copy-right violations involving IR-images will be reported here, as
>a service to members of the IR-list....don't let them get away with
such
>shameless infringements. 
>
>
>--                 
>Bye,
>
>Willem-Jan Markerink
>
>
>      The desire to understand 
>is sometimes far less intelligent than
>     the inability to understand
>
>
><w.j.markerink@xxxxx>
>[note: 'a-one' & 'en-el'!]
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