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  1. #111
    michaelbsc's Avatar
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    Quote Originally Posted by Steve Smith View Post
    Not if the industrial giant wins the case. They won't get much from the out of work labourer.


    Steve.
    True. But in the vast majority the attorney taking the work on "speculation" will evaluate that before starting.

    I still assert that in the USA the rules favor the money.
    Michael Batchelor
    Industrial Informatics, Inc.
    www.industrialinformatics.com

    The camera catches light. The photographer catches life.

  2. #112
    Diapositivo's Avatar
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    Quote Originally Posted by Steve Smith View Post
    Not if the industrial giant wins the case. They won't get much from the out of work labourer.
    Normally in a case between employer and employee it is the employee seeking money from the employer and not the other way around. Usually the case is about an unjustified firing, or compensation for a work incident, or anti-trade-union-ist behaviour, or a dispute over pay.

    It's quite uncommon that it is the employer who goes to court against an employee. The employer cannot be fired by the employee, is not normally going to receive an injury, and pays according to how he interprets the contract.
    Fabrizio Ruggeri fine art photography site: http://fabrizio-ruggeri.artistwebsites.com
    Stock images at Imagebroker: http://www.imagebroker.com/#/search/ib_fbr

  3. #113

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    In different jurisdicitons different standards apply but generally, there is a delineation between journalism with its 1st amendment protection that allows certain exemptions form the I.P. rules and publication for profit that is outside of journalism that does not have such exemptions. As case law developed journalism has generally come to mean someone writing of a news worthy event of interest to the public and published in a periodical. Authorship lies outside journalism and is identified with a dedicated publishment such as a book. Of course a person may be both in a lifetime but perform each function at differnt times. The use of a trademark or copyright outside of jounalism and for nonpersonal and nonprofit use requires consent of the I.P. holder. It does not require the author to so state he has received permission to use it unless stated in the contract for use. That said, if there is a violation, the question then arises whether there were damages as a result. In a number of instances there may be liability but no damages. An example would be each time a piece is sold and the seller publishes the name of the maker, in theory since there is a profit motive, he would need to get permission and when required give credit to the I.P. owner. However, selling a used Bronica on the auction site may create liability, the damages to Tamron are none as it has not sold the product in years nor currently offers any under that name. However, another company can not make a product and market it under the Bronica name as Tamron owns it and the use by another may be detrimental as to the value of the name and its use in the future. For instance, a company makes a Lomo grade camera and markets it as a Bronica thereby creating a reputation that Bronica and its owner, Tamron, make low grade cameras. It would hurt the reputation of Tamron and reduce the value of the Bronica name when and if Tamron decided to bring out another Bronica product equal to the original Bronica's name.

    Most I.P. lawyers would know when to advise the client to get permission from an I.P. holder and negotiate the license. Also, most (I assume) know and understand the difference between liabiltiy and damages and would advise their clients to pursue a court action and when to quietly settle the issue and just when to ignore the issue.

  4. #114
    Steve Smith's Avatar
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    Quote Originally Posted by BrianL View Post
    Also, most (I assume) know and understand the difference between liabiltiy and damages.
    Most would also know that in civil cases, what you are referring to as damages are really called remedies. Something I only learned this week!


    Steve.
    "People who say things won't work are a dime a dozen. People who figure out how to make things work are worth a fortune" - Dave Rat.

  5. #115
    MattKing's Avatar
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    Quote Originally Posted by Steve Smith View Post
    Most would also know that in civil cases, what you are referring to as damages are really called remedies. Something I only learned this week!


    Steve.
    Steve:

    "remedies" include damages, but they can include a lot more as well - e.g. injunctive relief.
    Matt

    “Photography is a complex and fluid medium, and its many factors are not applied in simple sequence. Rather, the process may be likened to the art of the juggler in keeping many balls in the air at one time!”

    Ansel Adams, from the introduction to The Negative - The New Ansel Adams Photography Series / Book 2

  6. #116
    Steve Smith's Avatar
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    So is remedy a more general term which includes things like damages with damages being more specific?


    Steve.
    "People who say things won't work are a dime a dozen. People who figure out how to make things work are worth a fortune" - Dave Rat.

  7. #117
    joefreeman's Avatar
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    you could have made your day even better:
    "I'm not deleting any photographs from my youtube-linked x-ray camera."
    Joe Freeman

  8. #118
    MattKing's Avatar
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    Quote Originally Posted by Steve Smith View Post
    So is remedy a more general term which includes things like damages with damages being more specific?


    Steve.
    Correct.

    There is a whole school of legal thought out there that essentially says that all law is really about remedies.

    There are entire law school courses devoted to the subject of remedies, and the law concerning remedies can be very complex.

    Just as an example, Canadian law struggled for over a century with the question of whether one could obtain compensation for purely economic loss arising indirectly from tortious conduct.

    Any time you encounter a court action that has been commenced in an unusual location, or in one appropriate location rather than another appropriate location, it is very likely that the location was chosen because the law there makes available one or more advantageous remedies.
    Matt

    “Photography is a complex and fluid medium, and its many factors are not applied in simple sequence. Rather, the process may be likened to the art of the juggler in keeping many balls in the air at one time!”

    Ansel Adams, from the introduction to The Negative - The New Ansel Adams Photography Series / Book 2

  9. #119

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    I remember in law school a discussion as to remedy vs damages. The topic was Mrs. O'Leary and her famous cow. While the discussion was around proximate cause for damages. We concluded an appropriate remedy was was for financial comepnsation and an injunction against leaving lighted lanterns in the barn and her cow for remedies. Damages is generally considered in financial terms and remedies may be broader. In the case of the cow, it was appropriate for the court to issue an injunction to order the cow henceforth to not kick a lantern over and in the case of him violating the court order to be served up as steak and burgers. In the court case there was no mention whether the cow died in the original fire so as good budding lawyers we made no assumption it did.

  10. #120
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    Only once was I ever asked to delete a photo (yes, digital...meh). I was working as a reporter for a daily newspaper last winter and I went to a house fire in a blizzard. Turns out the kid of the building's tenant was on the fire department and didn't like me there, started screaming, pushing and swearing at me. I just stood my ground until the chief of police came over and pulled the jerk off. I was standing on an icy bridge, too, and I was praying for him to hit me, mostly so I could take a dive off the bridge into the water and sue the living crap out of him, his family, the fire department, the village, the county emergency services department and NYDOT.

    Kinda weird, but I planned (while standing there) to buy a house on each end of town, a "normal" car and a bright yellow Corvette with "Paid for by XXXXXX, New York village government Tax Dollars" professionally painted on the doors, hood, trunk and convertible top. Every time I'd drive through town (it was on my daily commute at the time), I'd park my current beater at the first house, drive the Corvette through town veeeeeery slowly with the radio blaring (think Blues Brothers' speaker-on-the-car kind of sound setup), just to park at the other house and drive my other beater to where I was going, repeating the process on the way home again. Yeah, I'm a d**k...

    There's a fuzzy picture of the jerk on my wall at the office.



 

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