This habit of starting litigation whenever something is being said or
written that displeases someone really is an American folklore that is
viewed upon from other countries as something completely ridiculous and
mainly based on financial greed.

Ton Cremers




> --- Katie Wadell <[log in to unmask]> wrote:
>
>> Then, we got a letter from the patron's lawyer, threatening to sue us
>> with
>> libel. He said that, even through he had signed the one-time use
>> agreement,
>> that the image was out of copyright and that we had no right to restrict
>> its
>> use.   Moreover, we were hurting his good name in the community.
>
> Libel is the written defamation of a person's character. Slander is the
> spoken
> act of defaming someone's character. In order to prove either, you must
> meet
> certain criteria such as: inflamtory language, defamation of character,
> and
> that what was either said or written is false. If the person in the
> community
> is considered a public figure, then they also have to prove malicious
> intent.
> This is why celebs often loose lawsuits against the tabloids because it's
> very
> hard to prove malicious intent.
>
> If what you museum director said or wrote was true, then your patron has
> no
> case. For example, if you call a guy an alcoholic and he is, he has no
> case.
>
> Secondly, if you museum director did not use inflamatory language, the
> patron
> really doesn't have a case. For example, "We request that the pictures in
> question be taken down immediately." Might hurt your feelings but it isn't
> inflamtory. "Take those pictures down right now you jerk," is. And again,
> the
> truth will kill you. If the guy really is a jerk, he has no case.
>
> Personally, I'd let a lawyer look at it but not respond to the letter just
> yet.
> I'd invite the patron and the hardware shop owner over for coffee and have
> a
> chat about reproduction rights. Explain that you make money off of letting
> people use the images in your collection which you legally control the
> reproduction rights to. Say you're sorry that you didn't explain this in
> more
> detail up front and that the publisher of his book should have been aware
> of
> the agreement that he signed and the restrictions of it. You aren't trying
> to
> be mean but you are trying to keep your images from being used without
> your
> permission and loosing money on them. Someone could come in and take a
> picture
> of the promo piece and steal the picture for themselves. Of course no one
> in
> the community would do that but you never know who might walk in from
> outside
> and rip all of you off. Blah blah blah.
>
> I think this is more of a case of people's feelings getting hurt and not
> someone out for blood. The lawyer is probably a relative or good friend
> that
> offered to write the letter for him. And seriously, who's going to sue a
> small
> town museum over a couple of pictures? No matter how badly you thought
> your
> reputation was damaged, you'll look really petty for even bringing it up
> in the
> first place.
>
> Good luck!
>
> Deb
>
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