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Need copyright lawyer in Australia(Brisbane) Sheila Smart know anyone?


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I have a fine jewelry company that stole one of my images.

I emailed the President CEO of the company who has not responded.

 

Anyone have sources in Brisbane Australia?

I'd give it to imagerights but they'll take 50% and then a lawyer will take $$$ then maybe I'll get a dollar.... :(

A celebrity photo I took was  used to promote their business.  Commercial use always higher.

 

Anyone familiar with the copyright laws there?

 

L

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> I'd give it to imagerights but they'll take 50% and then a lawyer will take $$$ then maybe I'll get a dollar

 

This is first negative I've heard related to Imagerights. (that they take 50%)

What would expert IPR lawyer typically take if working on contingency?

33%? 40%? Plus costs? (= another 5%?)

I've given imagerights at least 100 cases since 2011. Nothing bad about them taking a cut but that's how they make their money.They take 45% commissions and  I pay the  $300 per year. They often give cases to a 3rd party collection agency that also takes a cut.I think that's around 20%.Paypal also takes a cut when they pay us as well. We collect most on our own and the ones that are harder we give to them or a few law firms we work with.

 

here are their rates:

https://www.imagerights.com/pricing.php

Edited by Linda
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You don't necessarily need a Brisbane based lawyer as copyright is a Federal matter and as long as they have a practising certificate, any lawyer in any State will do.  I highly recommend Peter Knight of Banki Haddock and Fiora in Sydney and he can be found on http://www.bhf.com.au/ 

 

Tell him I sent you.  He is currently advising me on a breach of contract matter and has obtained a nice settlement in the past.  He will work on a contingency basis. 

 

Sheila

Edited by Sheila Smart
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Wow, you ladies are formidable, centurions with shields out and short swords at the ready. Remind me not to "borrow" any of your images.   :)

I agree but they are 100% right. Zero tolerance, especially with companies that should know better is the only way. I mentioned in another thread recently that a graphics company that stole and image of mine ended up paying me a lot and lost a major contract because of their breach. Haven't heard about them recently, they may have gone bust. They won't do it again then!

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  • 3 months later...

My Australian use was by a big retailer there!
 

My lawyer and their lawyer are still back and forth.

 

Copyright laws in Australia are different from ours as far as how much you can collect. Layers can't throw out the $150,000 threat for a registered image.

 

I forgot what my lawyer quotes but it was just about double or so what the actual license fee would be.This was advertising use so I used the Getty calculator which came to $2500 for 1 year.

 

L

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Wow, you ladies are formidable, centurions with shields out and short swords at the ready. Remind me not to "borrow" any of your images.   :)

 

"Hell hath no fury like..."

 

Perhaps we need to learn something from them.

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And some of the Aus retailers have very deep pockets!

Let us know how it turns out

 Yes but in Australia you can only collect 1-2x or so the original license fee.For the same infringement here it would be easy to collect $50,000-100,000 based on the fact that this "people photo" had no model release yet they used it in promo/advertising use.

Getty calculator shows $2500 for 1 year for 1 country....So,not as enticing as the USA but still,the used and abused it,so they'll have to deal with it.

 

L

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And some of the Aus retailers have very deep pockets!

Let us know how it turns out

 Yes but in Australia you can only collect 1-2x or so of the original license fee.For the same infringement here it would be easy to collect $50,000-100,000 based on the fact that this "people photo" had no model release yet they used it in promo/advertising use.

Getty calculator shows $2500 for 1 year for 1 country....So,not as enticing as the USA but still,the used and abused it,so they'll have to deal with it.

 

L

 

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