With the coming of the new ideas of how to deal with infringing and those who do infringe I have decided to join with others as listed in another article, Infringer’s Names and more going public.
The actual time frame is not clear as of now. The websites are all up and running but all are still young and being worked on so there may be issues. I am putting together a form letter for addressing the companies and individuals that are not working on resolving the issue. The ones in process will not be posted on the sites as they and I have made no decision on the individual situations. They will be put on another list but not put on the published list unless they ignore the issue. The published list will be for the infringing parties who do nothing and refuse to answer emails and invoices. Persons that I have nothing more than their name like the Pinterest crowd will not get notices if I cannot easily find them. Others who are not available with current emails or known to be correct addresses will not be sent letters. If they read it here or on the other sites they will know.
As this expands out it should show the photographers that you need to keep the records, get your work registered and do the monitoring. It is a necessary part of the business now and we are making inroads into the infringements. We have a very long road ahead of us. You are not in this fight alone but neither are the infringers. They are constantly pushing for ways to cheat the system. We have a responsibility to each other and the new generation to fight a fair and hard fight. We have to show them our work is worth the fight and the hardship. Infringers have to be stopped and if that means pushing for more than civil cases so be it as they are the ones in the wrong and failed to work something out.
I will make the form letter available for download to anyone who wants it as it will not quote the law or any U.S. specific regulations. It will be generic in nature and will be one step in the legal process covered under U.S. law.
This step will have nothing to do with the settlements or cases as the people and companies on the lists will be ones that have not worked on a settlement but have decided to await court. One note though, the ones that I cannot get information to will be considered unresponsive and we will notify them by publishing in their last truly known legal address zip code area for the court hearings. Some may get the notice that way and some may not but again that is their choice as the attorneys say. I have no obligation to send the letters and no obligation to have an attorney get in touch with them. All that does is raise my cost and they probably would not respond anyway. So take your time, cut your costs and do what is necessary to protect your work and you.
Disclaimer: I am not an attorney. These are my personal opinions and general information only. This is not legal advice and should not be used as such.