Be careful of CVS #166, Stafford street Worcester, MA

<p>Went in there with a friend just to get a roll developed quickly, no prints. We were sitting at the counter, and noticed a large photobook of Worcester for sale. Turns out that two of my friend's images of union station had been ripped off of the webpage and put in the book they were selling! Apparently, the store manager or some higher up had sent out their lab supervisor to get shots of local landmarks and make said book. Anyway, there's been some back and forth between the DM, CVS legal dept and my friend, but so far they have not terminated the employee or given any compensation. The employees excuse was, there is no copyright on digital, even though the webpage these photos were stolen from had a copyright notice directly below the image. Management claims that the guy was trained so long ago he was only trained about film and copyright......wonderful. Anyway, you guys in worcester look out, and head on in, its a pretty decently long photo book, maybe your images are in it too.</p>

<p>This type of situation is only going to get worse. Almost everyone I know violates copyright laws with interweb pictures everyday. Walk around a typical office and see how many you can find. Browse peoples' home pages and see how many pretty pictures they display that aren't theirs. I think it's really only a matter of time before governments loosen the laws to allow public use of "public" pictures. I also think the actions and thoughts of the above are now the norm rather than the exception.<br>

File copyright on your pictures, folks, or they'll be public domain before you know it.</p>

<p>Digital images are automatically copyrighted, just as for film. However, you can't get punitive damages unless the copyright is registered. The usual process is to register the image immediately. Then the stakes go up considerably if they continue to use the image(s) without authorization.</p>

<p>so with a 2006 hire date. Is CVS in anyway negligent for not training him on digital copyright?<br mce_bogus="1"></p>

<p>To prevail in a negligence claim, you generally have to show a duty, breach of the duty, causation, and damages. </p>

<p>So you would probably have to show that CVS had a duty to train him regarding digital copyrights, that CVS breached that duty (did not train him, or did not train him effectively), that the breach of this duty led to the copyright infringement (which you would also have to prove), and that you were damaged. </p>

<p>I see. Does it matter that the images have been registered?</p>

<p>As to a negligence claim? </p>

<p>Maybe. Depends how crafty your attorney is. </p>

<p>You register because it affects damages awards. </p>

<p>That is why you never see my images!!</p>

<p>how do you register an image?</p>

<p>Register your copyright here ... www.copyright.gov/register/.<br>

If your copyright is registered then you can claim statutory (not punitive) damages. That is, you do not have to show actual harm, you just get the figure specified in the law (statute). Something like $10k if I remember. All that business about the employee and how he was trained is irrelevant - if it was for sale at CVS then CVS is liable.</p>

<p>the image is allready registered thank god. Lets see what response a letter to their legal dept gets.</p>

<p>How do you know he didn't take his own pictures of said union station?</p>