Zach Frailey recently reported his frustrations when dealing with an infringement. Because he had not registered the copyright for his photograph, Zach assumed that he couldn’t recover for this infringement. At least the infringer stopped using his photo (the company offered to add a photo credit, but Zach refused). What are Zach’s options? At minimum, Zach is entitled to actual damages for the infringement, which usually would be the ordinary license fee for the use. If Zach doesn’t have a history of licensing for this kind of use, then he can look to industry standards. Fotoquote is a program that provides pricing and negotiation information for stock and assignment photography. For example, Fotoquote provides a range of one to two thousand dollars for a one year use of a photo for a “Transit Ad.Display.Shopping Mall.” Zach also may have a claim for a Digital Millennium Copyright Act (“DMCA”) violation. Zach…
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