JOE LE GECKO opened this issue on Nov 27, 2001 ยท 10 posts
STORM3 posted Wed, 28 November 2001 at 4:48 AM
Send them a bill for commercial usage of your property detailing the program, broadcast date and time. That should get their attention.
It has been my experience from working in print journalism that big companies don't give a sh*t about small guys whose copyright has been infringed. Newspapers do it all the time and only respond to a professional, no-nonsense, tough-guy approach.
If they fail to pay up you can then get them on a number of fronts. They know that and are more likely to take you seriously.
Be very professional in your letter. CC it to the editor and producer of the program and the Station's financial controller and legal department.
Explain that your copyright has been infringed; include the copyright notice that was posted with your texture. Ask for retrospective payment for the commercial use of your texture in this broadcast and give them terms and costs for the use of your texture in repeat broadcasts or further commercial distribution of their broadcast.
Give them a reasonable but set date for receipt of payment. If they don't pay up or agree to your terms you can then write them a nastier letter threatening to put the matter in your lawyers hands with instructions to pursue the matter for full recovery of your fee, punitive or exemplary damages and legal costs. That will certainly get their attention and if they ignore that a judge will hammer them if he finds against them.
Register or send all correspondence by recorded mail (or whatever its' equivalent is where you live). Keep very good records of all correspondence. Do not get involved in telephone conversations about it with them, keep it to print.
PS Before you do any of this try and get a copy video of the broadcast as evidence, ring up and say its for educational purposes or something like that. You may have to pay for this.
Hope this helps.
Good Luck!
STORM