Overview
Creative Commons licenses compensation: We protect rights owners
Creative Commons licenses must be protected.
Photographers who license their work under a Creative Commons license have special claims, even if the realization of profits is not the primary intent. These photographers only want their photos to appear in certain contexts and they insist on having a right of codetermination. Photos that are protected by Creative Commons licenses must be treated accordingly by the user, for example by naming the author.
Violations of licensing agreements, for example, caused by general disregard, can lead to claims for damage compensation, which we very successfully assert on behalf of our clients in particular for the area of Creative Commons. It does not help the rights owner if his great photo or his awesome text goes “viral” online but nobody knows that the work is his. This balancing act between free and yet still controlled is what a Creative Commons license intends to achieve.
However, users frequently do not adhere to the provisions of the Creative Commons licenses. If you offer your work free of cost, then your anger will be even greater when large, financially strong companies don’t even abide by the few above-named provisions. Name-attribution is of particular importance for photographers, because that way those who like the photo know where to go for similar work.
LHR obtains a record sum for a client: Photographer receives 14,000 € in damage compensation due to his omission as the creator within a Creative Commons license.
LHR, acting as the legal defense in a case on photographic rights, was able to obtain compensation for damages in the record amount of €14,000.
Because the photograph was illegally used on several pages, the damage compensation to be paid increased to nearly €20,000. Following proceedings, we were able to agree with the infringing party on a single payment of €14,000.
Consistent and measured legal action
It is important to keep a sense of proportion when asserting clear legal positions. It is not necessary to use the warning letter bludgeon at all times and in all situations – for example, against individual bloggers and small merchants. Settling amicably with a previous infringer will often put the photographer in a good light. However, if the infringement stems from large businesses that clearly want to profit from someone else’s work, there is no reason not to assert one’s rights as forcefully as possible.
Attorneys protect rights owners and obtain compensation for violations of creative commons licenses
Creators can effectively defend themselves against infringements to their Creative Commons licenses and demand compensation. By using appropriate means, you actively protect yourself and
- prevent the continued unlawful distribution of your photos and images,
- will be compensated for damages incurred,
- show that you can defend yourself against future attacks.
The injuring party is not only liable for the attorney fees but will generally also have to pay an appropriate compensation.
- LHR protects you against attacks upon your photos and texts
- LHR defends your claims following legal violations of the Creative Commons license
- LHR locates the guilty parties and confronts them with the consequences of their actions both in judicial and extra-judicial proceedings
- LHR ensures that there is a suitable compensation
Arno Lampmann, founder of the firm, partner and specialist attorney for industrial property protection: “When businesses clearly seek to profit from someone else’s intellectual property, there is no reason not to assert one’s rights as forcefully as possible – which is what we do for our clients.”
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