Podtech.net violated the copyright of a photograph by Lan Bui for one of their posters used at the Vloggies award show. Lan has since tried to contact them, has sent an invoice for the usage fee and has not heard back. Podtech.net is an online media distributor that should know better than to wantonly violate a copyright. My guess is that the violation was accidental and that they did not intend to deprive anyone of what they are due. Knowing some folks who work for them, I highly doubt this infraction was deliberate.
However, the issue is more than just about dollars and cents. Lan is, without a doubt, owed a good sum for this image. Legally, the Supreme Court has ruled, Lan can collect up to three times the normal usage fee if copyright is violated. Will he get that much? Time will tell. Likely it will depend on a number of things, including whether Lan and Podtech decide to pursue this in court and how long Podtech decides to string this out.
Likely what is happening right now is the attorneys are trying to figure out what to do, spending Podtech’s money to the point that they will have to pay Lan’s usage fee twice – once to Lan and again to the attorneys.
Getting back to the real issue, this type of thing sets precedent for companies and for creative artists. Are we doomed to give our work away for nothing to companies with deep pockets? If we choose to fight such battles, we can easily go broke paying attorneys, while the companies who stole our work get to keep doing these deeds, illegal as they are.
I don’t think this is going to be a huge to-do. If Podtech.net is smart, they will step up and make it right, giving us all renewed faith in the business and the good people who run it. If not, they can certainly stand to lose a lot of users who disagree with the company’s shady dealings.
Lan, we are watching and hope that everything works out in short order and in your favor.
Technorati Tags: Podtech.net, copyright, photograph, Lan Bui, Vloggies, Podtech
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