As a follow up to our articles on “Where to Sue” and on agents often being less than beneficent, this just in…
The Paris Court of Appeals has rendered a decision in the case of Aubert v. Corbis, yet another Corbis case concerning lost imagery. Thomas Rabant Avocat à la Cour / Attorney-at-law Associé / Partner, with whom we have shared information and strategies in Corbis matters has informed us that Corbis has been ordered to pay to Mr. Aubert a total of 1,552,375 EUR (that’s over TWO MILLION US$ ) arising out of its loss of 753 of Mr. Aubert’s images.
The court awarded 978,375 EUR or 1,299 EUR per photo, (a much better indemnification “rate” per photo is allowable in France); 150,000 EUR for moral damage; 399,000 EUR for the infringement made by Corbis (digitizing and exploiting online photographs without the consent of the author) 10,000 EUR for publications of the Court’s decision; 15,000 EUR for legal costs.
The laws in France are infinitely more creator/photographer friendly. On those occasions where an American creator has the option to sue in a US Court or in France, we very often suggest they cross the pond despite the added costs and expenses that come with long distance litigation. Plus you can score a great cup of coffee and a fresh croissant before court starts.
