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Thread: Copyrights abuse - help

  1. #21

    Default Re: Copyrights abuse - help

    Hello .... I'm Albert Chua of Everafter Photography.
    2 years ago, i sued a freelance photographer for $15k which after discount, he paid $12k.
    He downloaded pictures taken by me off my client's website to pass out for his own.
    So if you need help, please feel free to contact me at 91452101.

    I believe your case is an outright win scenario if you can prove that it was taken by you.
    You'll have to show proof by producing all the images that were taken.
    You'll have to still own the camera that was used for the photoshoot.
    Every image carries with it embedded detailed tags showing date, time, camera used, camera serial numbers.
    Once you have these details, the lawyer will do the rest. The initial cost of hiring the lawyer will be $500 followed by a percentage of how much you can sue for.

    My lawyer is the same one whom helped my excolleage sue a local mobile company for $60k.
    Both our cases are for settlements out of court. If it had gone to court, the accused would had to pay double or more what we settled for.

  2. #22

    Default Re: Copyrights abuse - help

    You can send them a letter to "cease and desist", which means to stop using the images until an agreement has been reached concerning usage of photos being used. Here is a link you can draft a letter to suit your needs.

    http://www.utsystem.edu/OGC/INTELLEC...ract/cease.htm

  3. #23

    Default Re: Copyrights abuse - help

    oh, that would be helpful. ill consult it with my lawyer. thanks guys

  4. #24
    vince123123
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    Default Re: Copyrights abuse - help

    Actually, the correct lawyer would be an IP lawyer. Corporate lawyers do things like IPOs, Mergers and Acquisitions etc.

    Quote Originally Posted by Del_CtrlnoAlt View Post
    Just go get a corporate lawyer... and send them a message, Show's Over...
    Deadpoet has stated the correct position, in the absence of any assignment or license, and if the origianl photos were taken not in a situation of a commisioned work, then copyright belongs to you.

    Quote Originally Posted by Deadpoet View Post
    If there is no written/signed agreement, and they cannot substantiate a verbal agreement, all copyrights are yours.

    All you need to do is to proof that you took the pictures. Orignal exif data from the raw files are a good start.

    Good luck. Btw, I widh you can squeeze teh band dry. I am sure if someone uses thier songs, that is if they write their own songs, they will be crying murder.
    Sorry dude, IPOS does not do such things. The hearings and meditaiton department is intended to hear cases brought before it, ie the cases stated "trade mark opposition and patents and designs revocations" - these are cases to do with registered trade marks/patents/designs and not for infringment (which is hte present case).

    Contrary to popular opinion, IPOS also does not advise or help rights holders enforce their rights.

    Quote Originally Posted by STSHM1 View Post
    Do you know IPOS? It stands for Intellectual Properties Offices of Singapore. Pay a visit to this link -> http://www.ipos.gov.sg/main/index.html .

    IPOS has a department - The Hearings and Mediation department, that is tasked to hear and mediate intellectual property disputes such as trade mark opposition and patents and designs revocations. The department also hears all interlocutory matters arising from cases brought before it.

    Give it a try. And good luck.

    Fr: David.
    Actually, all lawyers are prohibited from using contingency fee arrangments (ie paying a percentage of damages recovered to the lawyer).

    Quote Originally Posted by mo2 View Post
    Once you have these details, the lawyer will do the rest. The initial cost of hiring the lawyer will be $500 followed by a percentage of how much you can sue for.

    My lawyer is the same one whom helped my excolleage sue a local mobile company for $60k.
    Both our cases are for settlements out of court. If it had gone to court, the accused would had to pay double or more what we settled for.
    Good luck Keep us updated what he has advised you!

    Quote Originally Posted by skoooczek View Post
    oh, that would be helpful. ill consult it with my lawyer. thanks guys

  5. #25
    vince123123
    Guests

    Default Re: Copyrights abuse - help

    Just to add on, be sure to amend the US provisions to the Singapore provisions.

    Quote Originally Posted by hondasleeper View Post
    You can send them a letter to "cease and desist", which means to stop using the images until an agreement has been reached concerning usage of photos being used. Here is a link you can draft a letter to suit your needs.

    http://www.utsystem.edu/OGC/INTELLEC...ract/cease.htm

  6. #26
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    Default Re: Copyrights abuse - help

    Quote Originally Posted by mo2 View Post
    Hello .... I'm Albert Chua of Everafter Photography.

    Once you have these details, the lawyer will do the rest. The initial cost of hiring the lawyer will be $500 followed by a percentage of how much you can sue for.

    did your lawyer do this for you? this is a champertous agreement and is illegal in singapore per s.107 and s.130 of the legal profession act. lawyers are not allowed to litigate in exchange for a percentage of monies recovered.

  7. #27
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    Default Re: Copyrights abuse - help

    maybe he means how much he can sue for and not how much he recovered.

    Maybe you can sue for 1Million, but actually agreed on $10 but the cost of lawyer will be % of 1Million? Is it the way it works?
    “How fortunate for leaders that men do not think.” - Adolf Hitler

  8. #28
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    Default Re: Copyrights abuse - help

    well basically...lemme give a few examples.

    1) If John sues Mary for copyright infringement, a law-abiding lawyer would charge John, say $5,000 for the whole case. this is legal.

    2) If John's lawyer says: "John, if i lose the case, you do not have to pay me. you only pay me my full fees if i win." this is a conditional-fee agreement and is illegal

    3) If John's lawyer says: "John, you pay me $2,000 first. If i lose, you pay me no more. If i win, you pay me an additional $3,000 to make the total $5,000. This is a contingency-fee/uplift agreement and is illegal.

    4) If John's lawyer says: "John, you pay me nothing now. But if i win, then you pay me 40% of the total amoutn of money you claim back from Mary." this is a champertous agreement and is illegal as per s.107 of the legal profession act.

    If John engages in any agreement (2)-(4) with his lawyer and sues Mary, Mary can turn around and say that the agreement between John and his lawyer is champertous and therefore unenforceable. Likewise, if any lawyer agrees to take on a case for you in exchange for a % of the recovered monies, it is likely to be deemed champertous

  9. #29
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    Default Re: Copyrights abuse - help

    i hear many stories of ppl hiring lawyers on (2) to (4)
    “How fortunate for leaders that men do not think.” - Adolf Hitler

  10. #30
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    Default Re: Copyrights abuse - help

    Quote Originally Posted by yanyewkay View Post
    i hear many stories of ppl hiring lawyers on (2) to (4)
    at least the few lawyers i have engaged all use (1), kudos...
    Logging Off. "You have 2,631 messages stored, of a total 400 allowed." don't PM me.

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