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Pixsy Letter (photographer has history of suing)

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DavidVGoliath:

--- Quote from: aot on September 27, 2018, 04:16:16 PM ---Mr. Goliath is in a wrong forum. That said, it is good to have your enemies close. :)
--- End quote ---

Enemies? Ha!  ;D

You've only posted twice here, so I can't speak to your opinions on creators/artists who pro-actively guard against the unlicensed uses of their work, but I'll say this: copyrights, as a property right, gives everyone the ability to decide the what/when/how/where their works are used.

If I want to make use of your property, then you can rightly set whatever conditions you please prior to my using it. If I make use of your property without your consent, then I (rightly) should expect consequences for my actions.

FYI, my choice of screen name is derived from the fact that the majority of entities who have taken the liberty of using my work without paying are large companies (think: annual revenues of seven figures or more), often with budgets for using editorial/commercial images.

Copyright laws have protected me from their unscrupulous and sometimes predatory behaviours; the law can be a great leveler in situations where a much smaller fighter takes on a far larger opponent, allowing them to "punch above their weight"

I believe in the fair application of law, where justified, to aid in righting wrongs, and I think that most people on ELI would echo that sentiment, even if we differ on the details.

Matthew Chan:
DvG is fine. I don't consider him an enemy.  We certainly disagree on a few things but I think he has done an admirable job on ELI integrating himself here with his perspectives. It ain't easy being a photographer on the ELI forums!  :)


--- Quote from: aot on September 27, 2018, 04:16:16 PM ---Mr. Goliath is in a wrong forum. That said, it is good to have your enemies close. :)

--- End quote ---

aot:
Matthew,
We are preparing for a potential court case by Pixsy/Mr. Marco Verch (photographer) and we don't have money to hire a lawyer. Can a person or organization represent herself/himself/themselves in a civil court case without having a lawyer?

We are not paying a penny as we firmly believe our use was innocent and it may also fall under 'fair use' in an informational tweet. Our account has made 11,400 tweets, mostly with our own photos and as well as public domain and copyleft content. And, now there is this one image where someone wants us to now pay $750 for retro-licensing for prior unauthorized use! We said, sorry for the oversight (our mistake), and deleted the tweet.


--- Quote from: Matthew Chan on September 08, 2018, 05:50:58 PM --- And most people tell me they settle because of the legal fees to hire a lawyer to defend, not the fear of the actual judgment itself.
--- Quote from: DavidVGoliath on August 23, 2018, 05:26:14 AM ---
--- End quote ---

--- End quote ---

DavidVGoliath:

--- Quote from: aot on September 30, 2018, 11:30:03 AM ---Can a person or organization represent herself/himself/themselves in a civil court case without having a lawyer?
--- End quote ---

The short version? Yes.

The longer version, with pertinent information, is here: uscfc.uscourts.gov/pro-se-information

Ethan Seven:
What makes you think a German company with no real presence in the US is going to sue you???    They are not a law firm. 

Yes, you can represent yourself, but it is usually a bad idea if you want to mount a substantive defense.   Federal Court is not the People’s Court, missed deadlines and missteps can lead to request for sanctions.  It is not impossible, but if the otherwise knows what they are doing and you do not, it can get ugly for you.

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