Slashdot Mirror
Ask Slashdot: Should This Photographer Sue A Hotel For $2M? (google.com)
Unhappy Windows User writes: An Austrian photographer was contracted by the luxury [hotel] Sofitel in Vienna to photograph the bar with an amazing view over the skyline. He was paid for his time (4200 euros) and arranged a three-year internal usage contract for the photos. After the contract expired, he still found his photos being used -- on external sites too. He is now suing for 2 million euros, based on each individual usage.
My question is: Is this the real market value of his work...? It seems like the largest economic contribution to the work was from Sofitel, who allowed access to the property and closed it to customers. I don't have any issue in a photographer wanting to be paid fairly for his work, and asking for perhaps double or treble the original price for the breach of contract to match what an unlimited license would have cost. [But] with this money they could have employed a professional for a month and automatically obtained full rights to the work...it seems like this guy is trying to take advantage of an oversight by a large corporation, never to have to work again.
Here's the original article in German and an English translation, and it's one of those rare cases where the copyright belongs to an individual instead of a massive entertainment conglomeration. But do you think the photographer should be suing for 2 million euros over this copyright beach?
My question is: Is this the real market value of his work...? It seems like the largest economic contribution to the work was from Sofitel, who allowed access to the property and closed it to customers. I don't have any issue in a photographer wanting to be paid fairly for his work, and asking for perhaps double or treble the original price for the breach of contract to match what an unlimited license would have cost. [But] with this money they could have employed a professional for a month and automatically obtained full rights to the work...it seems like this guy is trying to take advantage of an oversight by a large corporation, never to have to work again.
Here's the original article in German and an English translation, and it's one of those rare cases where the copyright belongs to an individual instead of a massive entertainment conglomeration. But do you think the photographer should be suing for 2 million euros over this copyright beach?
He is only going by precedent set by the music industry for copyright infringement with charging for each instance of infringement instead of standard music rates which in the industry case would be the cost of a song or album. Why would a large corporation get away with large scale copyright infringement and simply settle for a standard contract amount after the fact.
Oversight does not reduce your legal responsibilities or penalties.
Considering the insane amounts that companies go after individuals for where the power dynamic is reversed, then hell yes he should go after them for as much as he can. Whenever individuals do something wrong, no matter how minor, companies go after them for huge amounts way out of line with actual damages. They have the lawyers and the time and the money, and they use it to abuse those with none of those things. If the situation was reversed I have no doubt the company would be going after him for as much or more. But when the dynamic changes, and companies use things from individuals, they tend to abuse the shit out of it again, 'forgetting' to take things down, using without attribution or permission, or just straight up stealing work and IP. And then again, they have the time, money, and lawyers to get off easy, because most individuals they screw over can't afford to go toe to toe with them for as long as it takes to get results. I don't think this is right, by any means, by either the individual or the company. But while the company can and does do it, then what does the individual get by not acting the same way? The moral high ground is great, but in cases like this it doesn't make you a living. You just end up poor with your hard work being ripped off left and right. Screw that.