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My most recent copyright infringement lesson

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

You might have read my recent post about someone using my photo without permission. Lots of people commented on that post.  Some even bordering on giving legal advice about not having to register your work to be able to sue.  

Lane Realty on Lake SinclairI am NOT an attorney and I by no means am giving anyone any legal advice here.  I'm sharing my experience and the information I have found after speaking with several attorneys on "Intellectual property rights".  And I have hired an attorney to send a demand letter.  What I can/will collect was seriously altered by my own actions.

First of all I should/and will in the future IMMEDIATELY register my photos I choose to use for multiple marketing pieces.  I wrote a post about how to register your photos too if you are interested.  Because if Intellectual property is registered prior to first publication or within 90 days of publication it puts you in a different ballpark of what you can collect.  

That difference of "statutory damages" and "actual damages" is quite a chunk of change.  I won't go into the details here of my case as the attorney I have ultimately hired has advised against it, but you can read the documents for yourself right here.  And if you ever need the name of a great attorney to explain it to you, I'd be happy to share that information with you.

It's a sad state of affairs when the response you get to someone using your photo being "well I got it off Google" and having to take matters to the next level.  But I can tell you that I will be in a better position in the event that anyone ever does this to me again. We live, we learn.  

 

Posted by

706-485-9668  us on facebook

Tammy@Lake-Sinclair.com

(Click on Lane Realty Logo for web site)

Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

Real Estate Instructor License # 355089

Call me today for all your Lake Sinclair real estate needs.

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For readers who are not members of ActiveRain feel free to also add your comments or you can click on the EMAIL me link to the right of this blog and email me.  Thanks for reading.

All content belongs to me unless otherwise stated.  Do not use without permission.  Logos and photographs may also be copyright registered. Please do not use without my express written permission.

                                                                                                                  

          

Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

I am sorry to hear that the outcome will not be as you had hoped.  Keep us posted on your progress once the dust settles.

Feb 05, 2014 04:43 AM
Women of Westchester Working Together
Women of Westchester Working Together - West Harrison, NY
Women helping Women get ahead

Thanks for sharing, Tammy.  I suggested so that others can learn from your wisdom.  I hope things work out well for you.  - Debbie

Feb 05, 2014 04:53 AM
Bruce Walter
Keller Williams Realty Lafayette/West Lafayette, Indiana - West Lafayette, IN

Tammy, thanks for alerting us to your situation.  I clicked on your documents and that looks like some detailed reading for later, so my comment will be my bookmark where I can go over that information when I am more able to digest the complicated material. 

Feb 05, 2014 05:14 AM
Laura Allen, Lake Tahoe - Truckee Real Estate for Sale TahoeLauraRealEstate.com
Coldwell Banker Realty, Tahoe City, CA (530) 414-1260 - Tahoe City, CA
Tahoe Real Estate Agent Helping Buyers and Sellers

Tammy - It's a lot of work to protect your photos and the effort and time you've put into creating great work.  What is even more disappointing is when the person caught doesn't try and make it right.  When did right and wrong become a lesson lost on people.  Good luck on this one!

Feb 05, 2014 06:35 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Tammy since I've seen you use this picture for years I know if it showed up somewhere else that it was yours.  Sincerely hope someone is about to learn a lesson on stealing your photo.

Feb 05, 2014 08:22 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Tammy, I never even thought to register my photos. One would think that a disclaimer at in your signature that all the photos posted are yours would be enough. Now going to read those links and past blog posts that I apparently missed!

Feb 05, 2014 08:49 AM
Brenda Mullen
RE/MAX Associates - San Antonio, TX
Your San Antonio TX Real Estate Agent!!

Well..it's a good lesson for all of us.  I haven't ever thought about registering my own photos...not that I take beautiful ones like the one above...however, we should all take the steps to protect ourselves.  Thanks for sharing!

Feb 05, 2014 09:20 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

There is so much ignorance and until it hits some of them in the pocketbook they will not learn.

Feb 05, 2014 11:48 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Karen- honestly the outcome I really want is for them to KNOW they cannot ever use one of my photographs again

Debbie- hard lesson to learn the way I did it.

Bruce- it is complicated and although I thought I knew what I was doing, clearly I did not.

Laura- It just made me so angry

Cindy- me too, and other brokers in this area actually called and asked me "isn't that your photo?", so the ones who used it knew also.

Cindy W.- yeah, not only registering it, but doing so within 90 days of first publication.  UGH.  so complicated.

Brenda- It was certainly a learning experience for me.

Feb 05, 2014 10:23 PM
Ron Marshall
Marshall Enterprises - Saint Michael, MN
Birdhouse Builder Extraordinaire

I know that there was a fellow here on the Rain who got into tons of trouble copying photos from the Minneapolis Star Tribune.  I wonder what THEY did to HIM!

Apr 26, 2014 01:24 AM