I was not going to answer this question but after reading it a few times, it is a point that needs to be discussed.
There are a couple of other questions I am going to deal with here also.
The first one is really simple. Am I protecting the largest infringer? I am going to answer it like an attorney, Depends.
No I have not filed against her nor have I invoiced her or made the decision to invoice her. There are reasons. One of the most important is that I have no desire to hurt this person and since 2008 when Bush signed into law the Prioritizing bill when a copyright is criminalized it starts things in motion. Even with a misdemeanor which this case far exceeds the grounds for the felony classification, the government may freeze all the assets of the infringer without notice and without a hearing. They did it to a very large company that could not pay employees or bills. They effectively destroyed the business without even a trial. Speaking of trials, most of the copyright cases are not jury trials. So get it out of your head you are going to make wild speeches and motions. Not happening in copyright infringement cases with images. Either you own them or have a written license or you do not. Pretty much the issue is ownership because the photos were published on line and the copyright notice was not correct.,
The DORA information: Is that protecting her. Absolutely it is, but it is also standing up for what I believe whether it benefits her or not. That is the responsibility you have to yourself. If I did not stand up for what I believe just because it benefits her, that would be a very bad thing for me. I would much rather be thought of as a person who publicly stood for something even though it benefits people who infringe my work than a person that is so petty as to throw away my believes because it may benefit that person. That is not me. DORA is the Department of Regulatory Agencies for the State of Colorado.
If you have read the revisited article you can plainly see I have been working on this even prior to May 8th, long before the billings and negotiations started. It is right no matter who benefits from it. If I do not receive an answer, at least an acknowledgement, today after the second email, then it is on to the Governor’s Office. You see I do not believe in punishing the consumer for businesses making mistakes or just plain taking advantage of them. If I have to take on the Governor of Colorado, so be it. It is wrong, the people of Colorado probably have no clue about it and it is wrong. I am a simple person, if it is right it is right and if it is wrong it is wrong. This is just plain wrong and adding 14-17 infringed photos onto the homeowner is just a horrible thing to do to them. The real tragedy is if it goes to court. She will have to be named a defendant as the documents all say she is responsible and in reality, the broker did it. The broker will try to make excuses because of the money. Just like the bank robber in the other article. Blame the bank not the fact they robbed it.
Do what is right, it benefits you in the long run and remember, most infringers and doubters will try to find something to bring you down or to make it so they do not have to pay. You cannot let that influence whether you do the right thing or not. Me fighting for my copyrights is the right thing to do and so is taking on the State of Colorado if I have to do that is also the right thing to do even if it helps her.
Just a note about the library and value. Your library will be a work of more than one person in most cases so do not forget that nor them when you start earning money. The amount of money you make will be directly related to how hard you and your partner(s) work. If you do a photo a year, you will not. I have as much as 6 hours in some editing to get what I want so be ready to spend hours doing the work. I suggest someone to help market it. I do not want someone else doing the editing of my work. They just could not do it. I am way too picky and very hard on my own work. It probably would not be a good idea for someone else to try it.
Remember, this are my comments and opinions and not legal advise. I am not an attorney.