| Joined: | Thu Apr 19th, 2012 |
| Location: | United Kingdom |
| Posts: | 4424 |
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Just thinking out loud here. There are several ways of trying to get even for the infraction.
I agree unless you have registered your copyright, you are on less than firm ground. On the bright side, the law Robert quotes is open to a lot of interpretation. One has to prove harassment, etc. Very subjective!
Anyway, and I can only speak to my little area of the country as we are dealing with local, state, and federal laws.
There is small claims court where you can represent yourself and claim unauthorized use of property for gain. Dealing in civil court requires far less of a burden of proof than criminal. Bring in your data as to ownership of the pictures and let the other party try to prove the photos are theirs. I would let the local media know that there is an interesting case in court that date and they should attend as it would be a public service about a less than honest company.
If you are just vindictive, as I can be, just about every newspaper in my area has reporters waiting to help out the small guy in the streets. Give them the info about your photos and how this company is stealing your photos for their own gain and unwilling to acknowledge that they were yours or you had any right to compensation. If they are doing this to you, chances are it's more wide spread. Let that get out and they will have a hard time gaining clients in the future.
You can also write a letter to the editor of the local papers and put the facts out in print abut the company. They would have to either hire an attorney to sue you or write in an explanation themselves. Happens all the time, it's called freedom of speech. If you have the facts to back up your side of the argument, you are on solid ground. If they are wrong, the less time in the press the better.
Make sure you attempt one, and only one time, to rectify the wrong. You should use registered return receipt mail and have all copies notarized, free at most banks.
You are the wronged party and need to act like one. Get all emotional and things go south.
Just my thoughts, not having 98 percent of the evidence.
I agree that a small claims approach would be a sensible route. This action alone introduces the 'stigma' I mentioned ..because having CCJs against you can impede your business operations.
A letter to an editor and copied to the perpetrator may also be sufficient stimulus.
Failing that you get Steve Sullivans cousins to make a house call.
Speaking of which....where is Steve?
And what has Andy decided to do about this problem, while we carry on debating?
____________________
Eric