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Lightroom 5.3, criminal case issues and the letters mailed

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A couple of things here before I try to clarify items that seem to be a continuing question.

Lightroom 5 works very well with the NEF Nikon Raw files. I have upgraded to 5.3 and it was smooth so I see no reason for you not to upgrade if you wish. The upgrade from 2 to 3 was free. I am still learning some of the nuances of the program. I am altering my work flow and organization of the new photos is progressing well. Do I still use PS, yes and probably always will. I do not see Lightroom as a replacement for PS and really who can seriously say that. It is a great supplement to PS. I do like some features and I really like how easy it is to work with the raw files and exports them (save them) to tiff files. My advice on it, get it if you think you need it as I do not think you will be disappointed.

About the cases for infringement, the first thing is you do not have to send a letter of any kind. You are under no obligation to do that. So a demand for payment letter as some are calling it is not mandatory. You have a set of rules to deal with by the FRCVP so I suggest getting a current copy. You also have a set of rules in addition to those set by the local court in the district. You need to check those out.

Sending letters to relatives and others is not necessary and in most cases probably a waste of time. Again, you have no obligation to do so. The court may ask about it if you are having a hard time locating them. The DMV is probably more effective if you have enough information for them to try to find them.

I have made this very clear before but here it is again. Leave the personal stuff at home. You cannot make bad remarks about people in the courts and depositions. He said she said arguments are just not tolerated in the courts. The nice thing about photographs versus other media is that they are pretty straight forward. Either you own the copyright or you do not and either you had access or not.

Those are the rules to remember. In my cases I own the copyrights and always did. The argument about proving access is gone with the posting of the exact images. See a previous article about that part.

Yes in the US bankruptcy is a possibility if you win. The infringing party has that option if they do not have the assets. However, you should be able to ascertain their net worth before going to court. If they threaten to file bankruptcy just remember the filing limits for the criminal cases are pretty low. In my cases one DMCA violation if more than enough to file felony charges. I have over 60 to one person. Threatening bankruptcy is not a good idea if criminal charges can be filed. Also the idea of hiding assets by moving them, selling them to relatives and changing names on titles is pretty much an outdated practice. While they can do that, it is against the law and a federal judge might take that as a personal attack on his court. Not a good idea on their part. If they do it in bankruptcy there are ways to deal with it also and the court can investigate all possible acts for quite some time. Doing it in a copyright case also will cause them to lose immediately and then the criminal charges from the court probably will be filed.

It is an excuse to say you do not have time to file or prepare the information. Currently I am traveling. My oldest son possibly having a very dangerous cancer. Yet I write articles, file paperwork and write letters to the parties involved. Yes part of it is to keep busy. I am writing this at 2 am because I have been busy today and on the phone with my son a couple of times. Persons without children or who never really stayed around to raise them will have no idea what that phone call was like. I helped coach and did coach my oldest son in several years of little sports. I taught him to enjoy the outdoors, how to work on cars and hopefully how to be a good man. This is very hard on me and it is very pressing on him. So flimsy excuses like I had to work today, I am tired or I am too busy are just plain laziness in my opinion. You have an obligation to protect your work. If you do not have the time or the drive to do so, quit. Gene Krantz had a saying and wrote a book about it. The saying, “Failure is not an option”. I try to live by that but want some people think it means is not what it may mean. It does not say what you would be failing at. If I file suit than failure is not an option to me however if I decide not to file suit it is not a failure because I made the decision not to do so. Many apply what they think you want and judge things that way. Those are the ones who usually end up in court.

Will I discuss things with an infringing party? I already have many times. I am angry at what the infringers did not at them personally. You have to treat people with respect but it does not mean you have to deal with them on their terms.

I am not an attorney. These are my personal opinions and general information only. This is not legal advice and should not be used as such..


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