The Photo Infringement Lawyer discusses evidence in alleged infringement cases.  Getting a SAMPLE of the photo claimed to have been registered.  This is helpful information if dealing with Masterfile, ImageRights International, Higbee & Associates or other firms.

Introduction

Before paying off a Copyright Photo troll, make sure to confirm who the photographer is and who owns the legal rights to the photo.  Also, is the photo really copyright registered or not?  This makes all the difference in negotiating a settlement because without a copyright REGISTERED photo, there cannot be a lawsuit.  No lawsuit means less bargaining power. The dirty little secret the copyright photo trolls don't want you to know!  Here is general information on how to obtain a sample of the photo claimed to be registered in a compilation or photo collection.

Can you use a Low Resolution "Thumbnail" without being deemed a copyright infringer?  Possibly.  Listen to this Podcast.

The process to Obtain a Photo Sample from the U.S.C.O.

Memo from Texas A&M graduate Tomas Braley.

I have talked with the U.S. Copyright Office customer service in the Records Research Department and have found just about all of the details on how to obtain records.

Phone/Customer Service:

To actually talk with a person who can help in this endeavor it is best to call (202) 707-9100. This is the Copyright Office publications number and when calling will immediately be greeted by an actual person. Once talking with this person ask to talk to someone who knows about “records research and certification services”. You will be transferred to the Records Research and Certification Services Department who can answer just about any question but cannot submit any forms.

Records Request Submission:

            For one to actually receive the records a request must be put in writing, either online (quicker and easier) or via mail. Online is the best and most efficient way from my research. The link below has the form to Request a Copy Estimate

https://www.copyright.gov/forms/copy_estimate.html

            Once on this page fill everything out as specified, I have attached an Example Below. The “Title” and “Year of Publication” are not essential since these can be easily found through the “Registration Number”.

            After everything has been filled in and the Request for a Copy Estimate has been submitted it may take between 2-3 business days before an email will be sent back with the Cost and how to pay. Payment can be done by phone or electronically.

Cost:

            I have talked with the department's customer service (very nice and knowledgeable) about the costs for this situation it is broken down as follows:

• Electronic Retrieval Fee - $100
• Flash Drive (holds the entire collection of photos) - $30
  • Certified Flash Drive Copy - +$200 totaling to $230
    • Note: this copy comes in a plastic sleeve that cannot be opened and can only be used for court submissions.
  • Uncertified Flash Drive - $30
  • Expedited Shipping (4 – 6 weeks) - $305
  • Normal Shipping (6 – 8 weeks) $0

 So, just for clarification of this situation, without a certified flash drive copy or expedited shipping, would cost $130

      Elec. Retrieval Fee - $100

      Flash Drive (Uncertified) - $30

      Total - $130

If you want the same with expedited shipping it would cost

      Elec. Retrieval Fee - $100

      Flash Drive - $30

      Expedited Shipping - $305

      Total - $435

 Time:

            Email Wait Time: 2 – 3 Business days

            Shipping:

                        Expedited: 4 – 6 weeks

                        Normal: 6 – 8 weeks

You can seek copyright records online

Contact a California Photo Infringement Law Firm

DON'T LET THESE PHOTOGRAPHY RIGHTS COMPANIES GET YOU DOWN.  THEY MAY ACT LIKE LAWYERS, BUT THEY ARE NOT IN MOST CASES. 

CALL US, WE OFFER A $450 PHONE CONSULTATION (1/2 HOUR CASE REVIEW AND PHONE DISCUSSION).  WE ALSO HAVE FULL REPRESENTATION, TYPICALLY FOR A LOW FLAT RATE FEE.

We can be reached at (877) 276-5084 or fill out the contact form and we will call you.