If You’ve Had Images Stolen Off The Internet, You Can Get Up To $150,000 Per Image Stolen

The legal penalties for copyright infringement are:

  1. Infringer pays the actual dollar amount of damages and profits.
  2. The law provides a range from $200 to $150,000 for each work infringed.
  3. Infringer pays for all attorneys fees and court costs.
  4. The Court can issue an injunction to stop the infringing acts.
  5. The Court can impound the illegal works.
  6. The infringer can go to jail.

Recently, a photographer named Benjamin Ramalho (who operates a website called, “http://www.247protography.com” was caught posting the images of other photographers and representing them as samples of his work.   To see the images on his site, and the original images from the real photographer’s websites, please click here.

For this, he apologized on his fanpage but the  thread shows that he didn’t do it when asked, denied it, etc.  This constitutes willful infringement and under U.S. Federal Statutes, this entitles the plaintiff to triple damages and attorney costs

I had a similar situation happen to me, where a photographer named Teresa Halton took my studio name and created a website of the same name.  We sued her for Trademark and Copyright Infringement, and a federal jury awarded me $270,000, and we collected from her insurance company.  If you google “Teresa Halton” you can see a copy of the jury verdict.  I bought a ski chalet with the award, and then her attorney got sanction for $17,000, and with that I bought a sailboat.

The photographers who had their images stolen from Benjamin Ramalho could band together and file what is called a “joinder of parties” multiple plaintiff lawsuit where they all split the legal costs.  Reportedly, he stole images from 37 photographers.  So for example, if the retainer is $20,000 (which it wouldn’t be) each photographer would only have to put up about $500 and have the lawsuit heard.

The trick is getting the 37 people to exchange info and band together.  I’m sure my attorney would take the case.  Copyright infringement is very serious and shouldn’t just be forgotten.  There are civil damages that you can collect on, and you should.  My attorney, Edward R. Schwartz, of Christie Parker and Hale is my I.P. litigator.  We are friends and we share an interest in enforcing IP rights.

Here is a list of the 37 Photographers.  Please direct them to this post, I believe I can help.

1. Prestige Portraits
2. Connie Reggio Photography
3. Peter DeMott Photography
4. Matt Andrews Photography
5. Aslinn Kate Photography
6. Jamie Lee Photography
7. Halberg Photographers
8. Karma Hill Photographers
9. A Bryan Photo
10. Erica Clements Photography
11. Lynn Quinlivan Photography
12. AV Photography
13. Pink Paisley Photography
14. Melissa Hassey Photography
15. Orange Rose Photography
16. Sweet Things Photography
17. Lindsay Horn Photography
18. Michelle Janet Photography
19. Slinky Genius
20. Yellow House Photography
21. Elizabeth Scott Photography
22. Melissa Musgrove Photography
23. Red Bird Hills
24. Artful Weddings by Sachs Photography
25. Jennifer Kathryn Photography
26. Karlisch Photography
27. Genevieve Leiper Photography
28. Clary Photo
29. Hillary Maybery Photography
30. MQ Photography
31. Kylene and Ryan Studios
32. Grey Photography
33. Hazelnut Photography
34. Laurie Peacock Photography
35. Autumn Burke Photography
36. Souder Photography/Love is a Big Deal
37. Marvin Tsai

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Attention Wedding Planners and Brides & Grooms! Read this!

My book, “Rockstar” is a call to action for Professional Photography to make the imposters more transparent. So many couples are getting burned by photographers who don’t deliver images.  And even worse are unscrupulous photography seminar instructors who are just out to sell educational materials and workshops.

I’ve seen a video where this this woman named Janelle asks this “Rockstar” couple when she should just quit her job and go full time as a professional photographer.  And, without looking at her experience, talent or skill – he says the most irresponsible thing I’ve seen in a long time.  He says -

“DO IT NOW!   “What’s the worst that can happen.  Do you really think, Janelle, that you’ll really be on the street homeless?”  And Janelle says, “My house might be foreclosed”  and the reply; “it’s not!  It’s not going to happen!”

Folks, people who say things like this are just trying to look cool so they can get your money.  They’re trying to sell educational materials and fill seats in workshops.  So they prey on nervous people who don’t feel sure.  And so what will happen is Janelle, and all of the Janelle’s out there watching are going to listen to that advice, “face their fears” and go into business.  And things like this happen to trusting people like Janelle… here is the sad story of Heather Peachee, aspiring professional photographer.

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The Photographer Interview Form – Free Download

Here is my photographer application form.  You can get it as a PDF or WORD format document.  On the WORD copy, you can make any modifications as you please.  As described in my book, it may be advantageous for you to fill it out, and provide blanks for your clients to use for interviewing other photographers.

I believe strongly in this form.  If you took a skydiving course, wouldn’t it be a good idea to have your instructor fill out a form that told you how many successful jumps he’s done?  Don’t worry about not being able to ace every answer, the idea isn’t to look awesome, the idea is to be truthful.

Gary Fong's Photographer Interview Form

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Important Things To Know About Contracts!

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August 9, 2012 · 6:32 am

Community Response to a $10 Portrait Photographer

When a new photographer came into town offering a “portrait day” with a $10 fee per family (40 families available) community reaction from the local photographers was swift, harsh, and later I found to be inappropriate for the situation. In this video, I describe what went wrong. (Happy ending though)

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August 3, 2012 · 6:04 pm

Why I’m Looking Out For Unsuspecting Consumers

When I was six years old, I witnessed a slick talking salesman take my parent’s $2,500 life savings.  He was from the “Idex” corporation, where they promised that they would make you a millionaire on your invention.  My mom had the silliest go-nowhere invention, (watch the video to see what it was) and the rockstar salesman convinced her that we were going to be living in a mansion and driving a Rolls Royce.  It broke my parents financially, but it broke their spirits and they never trusted anybody again.  This is why I’m on a crusade to look out for charlatans giving workshops and seminars for huge fees when they themselves are not successful, outside at being successful in getting a lot of “Likes” on Facebook and Twitter.  Here’s the video:

 

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#1 BESTSELLER ON AMAZON in Pro Photo Category!

And… #9908 among all of Amazon’s book titles in the world!  This is awesome considering limited release and NO publicity yet!  THANK YOU!

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