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N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9311
Experience:  since 1983
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There is a CA racetrack business who is using my photography

Customer Question

There is a CA racetrack business who is using my photography for (years) without my permission. I've in many times in person and countless emails demanded him pay for the usage or take them off his website. He repeatedly mocks me and says sue him. its been so sickening to see his amazing website yet they ALL are my photography.. i even captured his whole site its almost 50 photos..
He said i gave him the photos therefor he has the right to use them. I did give him the photos to purchase as a photographer i have never aloud him to use my photography for his racetrack business. In a lunch meeting even walked out from our meeting when i demanded he pay for the commercial usage of the photos. He is in charge of a racetrack thus he feels everyone owes him some kind of worship or kiss his but. He's a real tool and I'm sickened by his refusal to pay for my photography.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
Have you registered your copyrights on the photos?
Customer: replied 1 year ago.
Other than i am the creator of the photography. I own the rights when i take the photos. No usage rights were transferred or expressed just a curtsy of he would be paying if he decided to sendup using the photos on his business website. He finally did decide after many months. Yet he refuses to pay usage fee's to me.
Expert:  N Cal Attorney replied 1 year ago.
It is true that you own the copyright the minute you create a photo, but there are more remedies available if you register the copyrights, see
http://www.tms.org/pubs/journals/JOM/matters/matters-9805.html
My opinion is that you should register the copyrights and then sue for infringement.
You can get a free consultation from some of the copyright attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/intellectual-property-law/California
Please follow up on this with a local attorney.
I hope this information is helpful.
Customer: replied 1 year ago.
He is in charge of the racetrack thus he bullies most people who have no choice cower and get taken. I left there after he refused to pay for his advertising usage yet he mocks and even says sue him knowing i don't have any idea how to make him pay.
Expert:  N Cal Attorney replied 1 year ago.
Once you register the copyrights, you can win attorney fees in addition to damages and an injunction against future use of the photos.
You can register the copyright to all the photos as a collection, and you can do that on line, see
http://copyright.gov/eco/
The ability to win attorney fees means you should be able to find an attorney to take the case without demanding a large retainer.

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