Fabien wrote:
> 
> Johannes Hubert wrote:
> >
> > Since the US is usually regarded as litigation heaven, I would say: Sue
> > them! You can finally make some money with your hobby!
> >
> > Now, jokes aside, I actually mean that quite seriously, because of the
> > following reason:
> >
> > They should not get away with it. If you don't sue them, they'll do it
> > again. If it is a large publisher, you'll probably get some nice punitive
> > damages too.
> 
> The problem is that it seems that some images comes from non-US people
> (Nathan O'Brien, myself,...), and while it is clear that they did
> something
> wrong, suing them from here is not an easy matter.
> 
> Is there any known case of such multi-country copyright infringement of
> net-availiable material ?
> 
> Fabien.

  I again urge the involved parties to obtain informed information on
this subject. Specificaly of interest to your case would be sections
2.8 and 2.9 at the URL listed below where it details a publishers fair
and reasonable right to publish material without the copyright holders
consent for educational purposes.

ftp://ftp.aimnet.com/pub/users/carroll/law/copyright/faq/part2

See also the following page for information regarding copyright law
where it concerns international treaties signed for the protection
of copyright holders and how it entitles you to fair protection
against copyright enfringement by countries that have signed said
international copyright treaties:

ftp://ftp.aimnet.com/pub/users/carroll/law/copyright/faq/part4

The previously sited page for US copyright law title 17 gives you
details on specific courses of action regarding remedaition of
copyright enfringment:  http://www4.law.cornell.edu/uscode/17/


  In my own interpertation of what I have so far read you are not
likely to have a strong enough case to win a monetary award for
presumed damages arising from unauthorized use of your materials.
I only say this because of the way that they have been used for
educational purposes. Had your images been used as part of a book
that showcases computer generated images and it's sole purpose
is to make a clear profit of the sales of the book for the images
it contains then you would have a strong case against the authors
and the publisher. In this case the profit is being made instead
off of the intellectual content of the book and not the images
used to illustrate the concepts of it's content. Having said this
however I am no lawyer and I know little about your specific legal
right in this regard.


-- 
Ken Tyler
1100+ Povray, Graphics, 3D Rendering, and Raytracing Links:
http://home.pacbell.net/tylereng/index.html

Post a reply to this message