Breach of copyright! - photographs

[Richard T. Eger]

Dear Fellow Researchers,

Can anyone cite instances where an author has been taken to court or legal action taken against them for a photo for which another claims ownership? This is Mikael's question and it is a good one.

If, in reality, the chances of ever being taken to court are slim to none and, in those rare cases where it is actually done, the amount of redress negligible, then the risk in violating this or that supposed copyright may be worth the taking.

Let's take it a step further. Suppose I were to publish a photo from the BA/MA without their permission nor pay them some fee for the privilege. Would the amount they might seek be but the fee they would otherwise have received or would it include significant punitive damages?

This may sound like a callous disregard for the law, but I am also looking at the situation from that of an historian who would want to utilize the best relevant photos to give the best understanding of the subject possible. The idea is to disseminate new knowledge and understandings. Frequently, that can include the use of old photos seen in a new light based on other evidence that has surfaced. To be hindered by a labyrinth of laws seems to go against the very thing desired, to share new findings and insights. I see this as a labor of love and definitely not a money making proposition.

Regards,
Richard