3 ms·

IANAL, but I'm a hobbyist photographer. It wasn't clear from the article if the the images were registered with the US Copyright office. If they were, great.

IANAL, but I'm a hobbyist photographer. It wasn't clear from the article if the the images were registered with the US Copyright office. If they were, great. Based on timing, he can sue for statutory damages plus attorney fees. If not, he's pretty much out of luck. He can't sue in the US for copyright infringement (even though he does own the copyright)[0]. He can sue in Australia, but I have no idea if that is going to be worth the time and effort. More over he's defaming Netflix (IANAL). It seems very plausible that those are his images, and Netflix used them without authorization. What's not clear, is if Netflix actually stole his images. The images could have been provided by a creative agency who used the works without permission (likely) or Netflix or the creative agency could have purchased a license for use from someone who was not actually authorized to sell a usage license. GettyImages has been accused of stealing images, then selling licenses for use.[1] 0: https://www.law.cornell.edu/uscode/text/17/411 https://www.law.cornell.edu/uscode/text/17/411 1: https://petapixel.com/2016/08/04/getty-images-sued-accused-misusing-47000-photos/ https://petapixel.com/2016/08/04/getty-images-sued-accused-m...

dragonwriter 9y ago
The section of law you cite, makes clear that registration has to occur before filing suit, but does not have to occur before the infringing action. It's perfectly legal to register after you become aware of a potential infringement and then file suit. So, if he hasn't previously registered the works in question, that's a procedural step that needs to happen before litigation, but not a barrier that would make him “pretty much out of look”.
- balls187 9y ago
  (This is specific to the US--the author is Australian) Yes, that's correct, but at that point you can only sue for actual damages, not statutory damages. For someone who does not sell photos, the damages would amount to be the cost of a license for use of that photograph. GettyImages has an image of a VHS Tape for $600, which includes royalty free usages globally. How much will it cost to fire a legal shot across Netflix' bow, and negotiate a license agreement? $300/hr? I just don't see any scenario that can playout in which the author comes out ahead--hence out of luck.
  - dragonwriter 9y ago
    Attorneys fees and costs are usually awarded in addition to whatever damages are allowed, so shouldn't be considered against the damage award.
    - balls187 9y ago
      Only if you had registration before or within 3-months after infringement (safe-harbor). https://www.lexology.com/library/detail.aspx?g=753081a5-e633-48a0-910e-02ca37b1e3ee https://www.lexology.com/library/detail.aspx?g=753081a5-e633...

dragonwriter 9y ago

The section of law you cite, makes clear that registration has to occur before filing suit, but does not have to occur before the infringing action. It's perfectly legal to register after you become aware of a potential infringement and then file suit. So, if he hasn't previously registered the works in question, that's a procedural step that needs to happen before litigation, but not a barrier that would make him “pretty much out of look”.

balls187 9y ago
(This is specific to the US--the author is Australian) Yes, that's correct, but at that point you can only sue for actual damages, not statutory damages. For someone who does not sell photos, the damages would amount to be the cost of a license for use of that photograph. GettyImages has an image of a VHS Tape for $600, which includes royalty free usages globally. How much will it cost to fire a legal shot across Netflix' bow, and negotiate a license agreement? $300/hr? I just don't see any scenario that can playout in which the author comes out ahead--hence out of luck.
- dragonwriter 9y ago
  Attorneys fees and costs are usually awarded in addition to whatever damages are allowed, so shouldn't be considered against the damage award.
  - balls187 9y ago
    Only if you had registration before or within 3-months after infringement (safe-harbor). https://www.lexology.com/library/detail.aspx?g=753081a5-e633-48a0-910e-02ca37b1e3ee https://www.lexology.com/library/detail.aspx?g=753081a5-e633...