Trump Jr.'s Skittles Photo Taken By Former Refugee — And Used Without Permission

[Benton]

(09-23-2016, 04:43 PM)Rotobeast Wrote: While I agree with you, do you not have to prove that the person profited from it (financially) ?


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Some state penalties may vary, but, generally (and with federal law), no. But proving it takes going to court and that takes attorneys. In my experience, most of the penalties get eaten up in attorney fees, so it's just a giant waste of time for writers, photographers, graphic designers, etc., to do more than have a friend who's an attorney send a free letter to the offender saying "cease or else." Plus, if you lose your challenge, then you end up paying out the several thousand dollars in attorney fees.

Bigger companies have something to gain, such as a few years ago when music companies were tossing out huge lawsuits against music sharing. But individuals or small companies don't have much recourse outside of spending a lot on an attorney that they may not get back.