Discussion:
Hi. I live in Atlanta, GA. I run a very popular celebrity photo website and I also license my photos to Getty Images to distribute to the media worldwide. My problem is the Associated Press has taken one of the photos off of my website and has sold it to their clients including CNN, Headline News, America's Most Wanted tv show, etc. I am in the process of retaining a lawyer to register that photo and sue the AP.
Should I register the photo myself? The attorney fees are high and I can't afford it. What are my other options? My photos have been purchased legally by MTV, VH1, Enquirer, People magazine, etc. They all have the decency to buy a license to use my photos Why does the AP think they can get away with stealing my work just because it's on my website? Are there attorneys who will take my case on a contingency fee?
Answer:
Hi. I live in Atlanta, GA. I run a very popular celebrity photo website and I also license my photos to Getty Images to distribute to the media worldwide. My problem is the Associated Press has taken one of the photos off of my website and has sold it to their clients including CNN, Headline News, America's Most Wanted tv show, etc. I am in the process of retaining a lawyer to register that photo and sue the AP.
Should I register the photo myself? The attorney fees are high and I can't afford it. What are my other options? My photos have been purchased legally by MTV, VH1, Enquirer, People magazine, etc. They all have the decency to buy a license to use my photos Why does the AP think they can get away with stealing my work just because it's on my website? Are there attorneys who will take my case on a contingency fee? You can easily register the photo yourself, it costs $35 and requires you to fill out a form and submit the form, a check, and a copy of the photo to the copyright office. Go to to get the forms and instructions.
Since your photo was not registered prior to the infringement occuring, you will not be able to sue for statutory damages, only actual damages -- this will probably make it difficult to find an attorney or law firm that would be willing to take this case on contingency. You can keep searching -- you may get lucky -- but unless you can prove up a lot of damages (and who knows, maybe you can) it will probably be difficult to find an attorney to do this on contigency. Good luck.
Answer:
Since your photo was not registered prior to the infringement occuring, you will not be able to sue for statutory damages, only actual damages -- this will probably make it difficult to find an attorney or law firm that would be willing to take this case on contingency. Thank you for your response. I found a very good attorney to take the case on contingency basis. I registered the picture yesterday. The infringement by the AP continues because they are still providing that picture to the media on their website. Therefore I am entitled to statutory and actual damages.