Stecyk wrote:
Are your copyright photographs registered?

Yes, but in order to win a lawsuit, you'd have to demonstrate the financial damages you had because of the infringement...

He used the photos for about two weeks and booked shoots... but it appears that he offered to pay, at least in one instance..., so, I will most likely not have had any financial loss... still, if someone pretends your work is his, it kinda sucks... however... there is one detail I have left out, which I will share in PM with you! 

udor wrote:
Yes, but in order to win a lawsuit, you'd have to demonstrate the financial damages you had because of the infringement...

Actually, if the photos are registered you don't have to demonstrate the financial damages (plus the offender would also be required to pay all court and attorney fees for both sides).)

As a gatekeeper I catch lots of fakers and scammers every day.  I'm not going to publicly divulge how I do it, but I'll PM you with some pointers that may work in this situation.

Ironically, one time I came across a new MM photographer account that was trying to be a member.   The thing is he was using photos that I shot just a few days before (nobody had a copy of them except the model).

udor wrote:
Yes, but in order to win a lawsuit, you'd have to demonstrate the financial damages you had because of the infringement..

I am reading the book The Copyright Zone: A Legal Guide For Photographers and Artists In The Digital Age by Edward C. Greenberg and Jack Reznicki. The former being a copyright lawyer and the latter, a photographer.

Here's brief excerpt from their book.

Compensatory damages. To dissect the word "compensatory" in its root, it's the actual compensation for your work. This is essentially the value of the fees you would have earned had the infringer initially come to you in good faith and legitimately paid for a license of your image. The minimum compensatory damage would be the amount you would have charged had the infringer asked and fairly negotiated for use of the image with you.

...

Statutory damages. In an infringment case, you can decide to collect either compensatory or statutory damages, but not both. Timely registration gives the copyright holder's lawyer the option to select which form of damages to seek. Statutory damages are based on the court's discretion and may be substantially higher than compensatory in some (probably most) cases.

I am using the Kindle version, which doesn't provide page numbers. It's at location 840, in case you buy the Kindle version and wish to look it up.

As mentioned, I am only part way through. My understanding is that statutory damages will provide for lawyer fees and other reasonable costs.

Given that you're in New York and Ed Greenberg is in New York, why not give him a call. I am not positive of his phone number, so you might wish to Google "Edward C Greenberg attorney New York" or contact Carolyn E. Wright, another well known attorney who specializes in copyrights and runs the famous blog Photo Attorney.

Wright has a great blog post: Photographers- How To Deal With Infringements.

Additionally, when you can prove that the infringement was done willfully, then you are entitled to enhanced statutory damages. “Willfulness” means that the infringer either had actual knowledge that it was infringing the owner’s copyrights or acted in reckless disregard of those rights. Evidence that the infringed works bore prominent copyright notices supports a finding of willfulness.

Given that you are considering taking action of some sort, you should speak with a practicing attorney.

Good luck!

Addendum (posted after my initial post)

SayCheeZ!  wrote:
Actually, if the photos are registered you don't have to demonstrate the financial damages (plus the offender would also be required to pay all court and attorney fees for both sides).)

Agreed. That's my understanding, too.

SayCheeZ!  wrote:

Actually, if the photos are registered you don't have to demonstrate the financial damages (plus the offender would also be required to pay all court and attorney fees for both sides).)

This is correct. You can actually go after people legally for the license value of the images to start with and then mark it up any amount you choose as a punitive issue for damages. I've collected many thousands of dollars over the years from fauxtographers who have used my photos as theirs. One dimwit (a woman actually) was using my photos in her craigslist ads locally here in Vegas and she paid me quite quickly when I caught her.

I'm a master at collecting from these guys Udor. I'm actually writing an e-book right now with a copyright attorney on how to collect from image thieves and I've helped many other photographers collect. Trust me on this, I am to collecting from image thieves as Michael Jordan is to playing basketball. If you want to make these scumbags pay, send me a PM.

udor wrote:
Thanks StecyK and SayCheeZ!

The issue is also that there is no hint who that person is... name is fake, Google returns only with a dormant Google+ profile... the profile photo is stolen from another photographer and the models on his friends list can't be contacted now, since this profile got deleted... as I have said... within minutes of me posting this thread!

So, there is no identity or hint for the real person...

If you have a screenshot showing his MM number, perhaps contact admin and ask what records they still have.  Just because a person has deleted their account from public view, I am not sure that that means that MM has erased all trace of the impersonator.

John Horwitz wrote:
now you are famous -

LOL 

Rob Photosby wrote:

If you have a screenshot showing his MM number, perhaps contact admin and ask what records they still have.  Just because a person has deleted their account from public view, I am not sure that that means that MM has erased all trace of the impersonator.

I'm sure that he is getting some help.

Rob Photosby wrote:
If you have a screenshot showing his MM number, perhaps contact admin and ask what records they still have.  Just because a person has deleted their account from public view, I am not sure that that means that MM has erased all trace of the impersonator.

Thanks Rob!

That guy was on FB and deleted his FB account. I don't know if he is on MM or not, if he were, I'd CAM him immediately... MM is basically my turf.

I make the connection, because all the shots he has posted were the thumbnails from my MM profile... and within minutes I posted this thread here... he deleted his FB profile... all that gives me the indication that he is ether on MM or watches it closely.

Besides that, I have no idea and going to law enforcement or the courts, etc., to obtain the ISP from Facebook is, at this time, way more work than I am willing to dedicate to...

udor wrote:

Thanks Rob!

That guy was on FB and deleted his FB account. I don't know if he is on MM or not, if he were, I'd CAM him immediately... MM is basically my turf.

I make the connection, because all the shots he has posted were the thumbnails from my MM profile... and within minutes I posted this thread here... he deleted his FB profile... all that gives me the indication that he is ether on MM or watches it closely.

Besides that, I have no idea and going to law enforcement or the courts, etc., to obtain the ISP from Facebook is, at this time, way more work than I am willing to dedicate to...

Adam from LV offered to help.

Jerry Nemeth wrote:

Adam from LV offered to help.

Thanks!

udor wrote:
Yes, but in order to win a lawsuit, you'd have to demonstrate the financial damages you had because of the infringement...

Um, excuse me, Mr. Udor, but I call bullshit. Are you a licensed IP attorney? I am certain that you are not, or you would know better. You only need to demonstrate financial damages in the case of UNREGISTERED images. For images already registered at the time the infringement occurs, the court will determine the damages independently. While you are free to present proof of damage, it is not required.

I would highly recommend you talk to an actual licensed IP attorney and get yourself educated. This is, after all, your business. At the very least, I recommend springing for the $32 Ed Greenberg's and Jack Reznicki's book will cost you as a first step in learning this stuff.

http://www.amazon.com/Copyright-Zone-Ph … 6+reznicki

MMR Digital wrote:
Udor,

Just for the heck of it, contact an IP attorney. Sometimes they like to chase ambulances too

I have had my work pirated many times.
Lawyers usually want money UP FRONT, unless they sense there will be big money at the end of a lawsuit.

'I'll PM you with some pointers that may work in this situation.', Me Too, if ya would.

Michael DBA Expressions wrote:
Um, excuse me, Mr. Udor, but I call bullshit. Are you a licensed IP attorney? I am certain that you are not, or you would know better. You only need to demonstrate financial damages in the case of UNREGISTERED images. For images already registered at the time the infringement occurs, the court will determine the damages independently. While you are free to present proof of damage, it is not required.

I would highly recommend you talk to an actual licensed IP attorney and get yourself educated. This is, after all, your business. At the very least, I recommend springing for the $32 Ed Greenberg's and Jack Reznicki's book will cost you as a first step in learning this stuff.

http://www.amazon.com/Copyright-Zone-Ph … 6+reznicki

Thank you for your condescending contribution, Michael!   

Btw., the images are not registered and my ex-wife is with Jones Day's IP division, although they deal with biotech... I am rather aware of the laws and my chances of getting actual money paid back!

I am more concerned that no models got hurt by this guy in the two weeks he was using my images!!!

SAND DIAL wrote:
Udor, consider the incident as 'battlescars'. Funny that the profile disappeared so quickly.

Imitation is the second sincerest form of flattery. Thievery the first.

Yeah... that profile disappeared within minutes... and I am not kidding... after I have posted this thread on MM!

udor wrote:

LOL 

You haven't really made it yet though - anyone can take your stuff electronically, one of my framed photos was stolen from a gallery wall.

SayCheeZ!  wrote:
Ironically, one time I came across a new MM photographer account that was trying to be a member.   The thing is he was using photos that I shot just a few days before (nobody had a copy of them except the model).

Gots to love the irony.

Herman Surkis wrote:
And why only thumbnails, since <right click> allows me to copy full size?

He was either watching to see if you posted about this, or watching all your posts.
From inside or outside MM.
Seems a bit much that within minutes they pulled their account.

Unless you are NSA, CIA or Monsanto, FB will never tell. FB is very careful to protect the guilty.

Yeah, I think the reason he put up only the thumbnails is that the copyright stamp is hard to decipher.

I find it a possibility that this guy wants to become a member of MM, but doesn't have the photos yet... so, he posts mine on FB to get models working with him, so that he has enough modeling images to qualify.

That's just a guess... and on top... I am not sure why he used only mine? Maybe it's to keep the style consistent? I don't know?

Questions over questions...

udor wrote:

That's just a guess... and on top... I am not sure why he used only mine? Maybe it's to keep the style consistent? I don't know?

Questions over questions...

Good taste?

udor wrote:
So, it has been a few years since someone pretended that my photos were his... but now... I got an amusing but also a weird case of copyright infringement and impersonation...

There's not excuse for this. I hope you find out who the person is and they apologize.

udor wrote:
A model manager from Connecticut contacted me via Facebook, giving me a headsup that he had been contacted by a photographer (fake name) from Philly, to do a paid shoot with one of the models he is repping...

Did this model manager have any other contact info for the guy? Email, phone, etc?

Mortonovich wrote:

Did this model manager have any other contact info for the guy? Email, phone, etc?

No, he was in contact via the FB profile and messaging... when the profile got deleted, he had no way to contact the guy again.

Herman Surkis wrote:
Unless you are NSA, CIA or Monsanto, FB will never tell. FB is very careful to protect the guilty.

John Horwitz wrote:

You haven't really made it yet though - anyone can take your stuff electronically, one of my framed photos was stolen from a gallery wall.

Happened to me in 2 different galleries.

Flattered yes, pissed yes