{"id":1305,"date":"2014-10-29T14:47:51","date_gmt":"2014-10-29T18:47:51","guid":{"rendered":"https:\/\/thecopyrightzone.com\/?p=1305"},"modified":"2014-10-29T15:23:18","modified_gmt":"2014-10-29T19:23:18","slug":"answers-by-the-numbers","status":"publish","type":"post","link":"https:\/\/thecopyrightzone.com\/?p=1305","title":{"rendered":"Answers By The Numbers"},"content":{"rendered":"<p>One of our favorite jokes is about someone in prison for the first time and during his first anxiety filled evening, he hears someone calling out a number and hysterical laughter following immediately after.<\/p>\n<p>\u201cSix\u201d followed by deep belly laughs.<\/p>\n<p>\u201cFourteen\u201d followed by snickers, chortles, and guffaws.<\/p>\n<p>\u201cThirty eight\u201d followed by hoots, hollers, and roars.<\/p>\n<p>Questioning it, he asks his cellmate what that\u2019s all about. His cellie explains that the guys have been in prison so long and have heard the jokes so many times, that they assigned numbers to the jokes and instead of repeating the same jokes over and over, they just need to hear the number.<\/p>\n<p>So this guy decides to be one of the gang, he\u2019s going to call out a number.<\/p>\n<p>\u201cTwenty Three!\u201d he yells out.<\/p>\n<p>Nothing, not a twitter, not a snicker.His cell mate looks at him, shakes his head and sighs, \u201cSome guys just don\u2019t know how to tell a joke&#8230;\u201d<\/p>\n<p>&nbsp;<\/p>\n<p>Mixing that old chestnut of a joke with the TV game show \u201cJeopardy\u201d we have the following responses to questions asked by photographers that we\u2019ve heard over and over and over. We have heard these so often, all we need are the numbers at this point rather than listen to the whole question.<\/p>\n<p>You need not be Alex Trebek to figure out the questions that go with these answers:<br \/>\n1.\u00a0 There is no legal requirement to place a copyright notice on your photograph and there has not been one since 1978;<\/p>\n<p>2.\u00a0 One or more infringing uses of your image on Google images does serve to give others permission to rip off that same image;<\/p>\n<p>3.\u00a0 A person <strong>can<\/strong>\u00a0be personally liable for copyright infringement even if the infringement was perpetrated by a corporate entity;<\/p>\n<p>4.\u00a0 The compensatory damages likely to be recovered may exceed that of a likely statutory damage award.\u00a0So the inability to seek statutory damages may be utterly irrelevant as to whether or not you should start of copyright infringement lawsuit;<\/p>\n<p>5.\u00a0 Then register it <em>now.<br \/>\n<\/em><br \/>\n6.\u00a0 The fee is $55 per <strong>filing, <\/strong>not per image. $55 can cover all of the filing fees for thousands of images;<\/p>\n<p>7.\u00a0 Your client\/infringer is wrong and is lying to you;<\/p>\n<p>8.\u00a0 The infringer&#8217;s failure to &#8220;make a profit&#8221; as a result of its illegal activity is of little to no importance.<\/p>\n<p>9.\u00a0 You have no idea whether the infringer has the ability to pay a judgement now or during the decade (or more) that a judgment is good for;<\/p>\n<p>10.\u00a0 You don&#8217;t know whether or not the infringer has any business insurance which would cover damages resulting from copyright infringement or the failure to obtain a model release;<\/p>\n<p>11.\u00a0 Webmasters or developers have no immunity from litigation. The company\/infringer who owns the site or sells the goods and hired them is typically responsible and on the hook for the infringement.\u00a0 The webmaster <em>may <\/em>be a co-defendant;<\/p>\n<p>12.\u00a0 There are no credentials, minimum age requirements, specialized training \u00a0or licenses required to be a &#8220;webmaster&#8221; or developer. \u00a0 Generally \u00a0a webmaster creates and manages content and\/or manages the server and technical programming aspects of the site. (Ed has \u00a0had cases with several webmasters still in high school and in one instance, <strong>middle<\/strong> school).<\/p>\n<p>13.\u00a0 Webmasters seldom know <em>anything<\/em> at all about the DMCA, The Copyright Act, state model release laws, laws regarding the use of celebrity images, intellectual property concerns and so on.\u00a0 They very rarely possess more knowledge of such things than their clients and even less frequently are more knowledgeable than photographers.<\/p>\n<p>14.\u00a0 Just because you <em>own the copyright<\/em> that does not mean that you can license the photo of Joe Celebrity to anyone without Mr. Celebrity&#8217;s written consent;<\/p>\n<p>&nbsp;<\/p>\n<p>And the final answer for \u201c<em>Double Jeopardy<\/em>\u201d:<\/p>\n<p>15.\u00a0 You are in this situation because you relied on the &#8220;legal&#8221; advice of a blogger with no legal training.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>One of our favorite jokes is about someone in prison for the first time and during his first anxiety filled evening, he hears someone calling out a number and hysterical laughter following immediately after. \u201cSix\u201d followed by deep belly laughs. \u201cFourteen\u201d followed by snickers, chortles, and guffaws. \u201cThirty eight\u201d followed by hoots, hollers, and roars. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[151,1,15,20],"tags":[365,363,364,366],"class_list":["post-1305","post","type-post","status-publish","format-standard","hentry","category-be-aware","category-copyright-info","category-legal","category-stuff-you-should-know","tag-alex-trebek","tag-answers","tag-jeopardy","tag-webmasters"],"_links":{"self":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/1305","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1305"}],"version-history":[{"count":4,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/1305\/revisions"}],"predecessor-version":[{"id":1309,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/1305\/revisions\/1309"}],"wp:attachment":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1305"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1305"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}