Re: HELP_COPYRIGHT TROUBLE?

Subject: Re: Re: HELP_COPYRIGHT TROUBLE?

Comments:
: : As a psychotherapist, I used a picture of a deceased famouns scientist in a small community newspaper ad. I thought the picture was public domain. I get a letter from the people who have th rights to the scientist wanting $6000 from me for using the picture for 3 insertions (the ads cost me $200) and the paper's distribution was 20,000.I also got no business from the ad. Please help. What is fair here. I can't afford $6000. Advise welcome and appreciated. : Dear Marv, : If there was a proper copyright notice on the picture you reproduced then you indeed may be liable. : The $6000 demand sounds like a threat from an inexperience lawyer hoping to scare you into paying. : If you are sued and appear pro se the chances are that even if you are guilty that a judge would be sympathetic and award low statutory damages without attorneys fees. : There is legitimate exposure. It would likely cost more than the copyright holder is willing to expend to hire a lawyer to sue you. Any experienced lawyer that took this on a contingency against you would be crazy. : In situations such as this, and I am handling such a situation now, an professional Intellectual Property lawyer's letter usually kills the claim or certainly embarasses the wise-guy lawyer that sent the original letter. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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