2 replies to this topic

[Snappy]

I have a case pending here in Norway, a newspaper has publised several hundred of my images on their online archive, despite my specific terms indicating that the pictures were sold with permission for one time publishing only, in the actual paper. There are other details a shant bother you with here, but I feel rather confident about the legal bits here in Norway.

However an interesting aspect came up during a discussion with a laywer here. He argued that since the archive can be accessed all over the world, one could make a case elsewhere, in another country, for copyright infringements there too.

Anyone have any idea weather you could actually claim compensation in every single country in the eworld (that has internett access), claiming it has been ulawfully published there??

Perhaps a bit far fetched, but you never know , I want to upgrade my equipment and neeed the cash!

[Craig Ruaux]

Again with the IANAL stuff... and you're already talking to a real live lawyer, but my understanding is that the publication, and hence the infringement, occured in Norway. Where it would get curly is the question of where the server that is holding the files is located (mine's in Dallas, TX, with redunant copies in Houston, TX and somewhere in Colorado, for instance, so where does my website actually "reside").

I don't think that your idea is likely to get very far, I would concentrate on the strong case you already have and less on a potentially frivoulous and expensive plan.

[Snappy]

I agree it may be a long shot. Mainly because it's the nature of the internet, once it's made available its there for folks all over the world to see.

However I doubt the location of a server is the main sticking point. With regard to publishing of material I would assume it is where the material is made available that matters. If we look at the "good ol' days" of printed newspapers only, it would not be the location of the newsroom or the printer that would matter. The main issue would be where you'd be able to pick up the paper. Thus an image stolen and published only in a small town local paper would be a lesser offense than, than say if National Geographic published it world wide.

In a way my question reamins open perhaps, and what if this was printed in an international edition of a magazine like NG, Newsweek etc: would you not be able to pursue someone across borders for distributing an image in several countries?