business – Page 2 – Burns the Attorney, Inc.

July 20, 2023

Say Yes to No

I’m a firm believer in saying yes and generally being positive about things; have done for years. For example, if a client has a technically gnarly project, saying “Oh, that looks super hard” and then explaining how much work it is going to be or, worse, even hinting that you might fail, is not a good idea for your business. Instead, saying “Oh, that looks super hard…I love a challenge! I’m sure my team and I will find a solution!” will engender confidence in your client. Later, when you hand them a big estimate, they’ll remember you as the creative who said they could do it, increasing your chances of winning the project even with big numbers. So saying yes is a great thing for your business… except when it isn’t.

How often have you heard a (potential) client send you a contract and say “Everyone agrees to this” or “Oh, sure, the doc says you are assigning us your copyrights and that you can’t use the work, but we’ll let you use it” or “It’s industry standard to have a 90-day payment period,” or “You have to indemnify us against any claim that arises when you’re shooting for us, not just those related to your work or employees–no one ever makes an issue of that” etc. ? A bunch, I’ll bet and I bet you’ve often accepted those terms, trusting your client. Then, later…well, as Marlon Brando in Guys and Dolls says,“Daddy, I got cider in my ear!”

The sad truth is that, whenever someone in a financial transaction with you says one thing but the paperwork says another, they have an ulterior motive and it ain’t good for you. Hearing anything like “oh, don’t worry…” or “You’re the only person who has ever asked…” is your signal that you absolutely must go with what the papers say. Always. Your clients, no matter how nice, are not on your side. They can’t be—they are negotiating for their best deal, not yours. You can like them, but don’t ever trust their word over what is on the page.

The terms they are insisting on are good…good for them, that is, and so they do use them. If they didn’t, the terms would not be there. Always. So, if they are saying “oh, we never do this thing the contract says we can do” and they won’t take it out, then you know they want to do exactly what they claim they never do, and will do exactly that if they can.

Relatedly, if your client/buyer tells you “my way or the highway,” waste no time in politely taking the second option. As the current writers’ and actors’ strikes confirm, bullying and fear-mongering is pervasive in the creative industries. All of them. Threats about not getting work are just manipulative bullshit. You didn’t have the gig but then lose it by saying “no”; nope, they just wanted to scare you into accepting a bad deal. Walk away. Use the time to get a better client.

Don’t bother trying to fix them or teach them the errors of their ways. You can’t control what your clients/buyers do and you’ll drive yourself mad if you try. But, you can control what you do.

The first thing is to know where your boundaries are. You can negotiate lots of things, but you should always know what lines you will not cross and respect those limits. No one will respect them if you don’t. You can and I think MUST set your own limits; and you should do it before any negotiations so that you know what they are. Write them out like a list if that helps: will never sell copyrights; will only indemnify for my own actions; will not lower my price without getting something (besides just getting the gig) in return; etc.

Once you have your limits defined, then you can respond rationally to whatever demands are made. So, for example, if a client insists on owning your copyrights created for the project, you can say “No” if your line is ownership, or, if you’re willing to sell at the right price, say “Not at this price—if you want full ownership, that will cost $X.” Don’t explain, don’t rationalize, and don’t be suckered in by them. Stick to your own boundaries. For example, “I hear you, but I won’t sell my copyrights for this price–you need to either pay more or get a license instead.” If they ask “Why?” you can simply say that this is how you run your business. Period.

You can use your boundary list for contract negotiations of all kinds: time to pay, deposits, usage license terms, indemnification clauses, you name it. When you do that, you are taking good care of your business: You set your limits. You have control.

Saying “no” to bad terms and bad deals does not make you a jerk, it makes you a smart businessperson. And, although standing up for your rights and doing what is best for you and your business is not always easy, it is vital. The other side is surely going to stand up for theirs.

July 7, 2023

Drop Your Ego and Raise Your Usage Fees

I have written before about the importance of separating your fees and costs/expenses on your invoices (actually, on all your paperwork) so I’m not going to go into that again, but I will once again nag you to make your license fees the largest number of your fees, if at all possible. Why? Because there is a new (tentative) ruling in the CCB that shows how low license fees can hurt you.

In this case, a photographer made the work as a part of a large shoot for a client. His original bill was well into the six figures, yay! However, as the Board notes:

During the shoot, Hursey shot approximately forty-two scenes, with a scene consisting of multiple versions of the same setting and activity with minor differences. Hearing Tr. at 39:00 – 39: 57. In the present case, the scene consisted of a family at a picnic with a pastoral background. Evidence Doc B (Dkt. 17). Hursey was paid $185,524.45 in total for the shoot, but most of that amount was reimbursement for costs and payment for his time, while $17,500 was for an unlimited license to use all of the photographs taken over the course of the shoot.
Proposed Default Determination, at p.3 (bold added)

An unlimited license should definitely be the largest number on your paperwork–it is HUGE usage! Let’s conservatively estimate that in this project, the photographer provided finals of 3 variations of 42 scenes, or a total of 126 images (it was likely much more, of course), $17500 divided by 126 is a whopping $138.89 per photo licensed. That’s insane.

Photographers and other creatives have got to stop billing their Creative Fee as if it is the most important thing. That is just your ego talking–a bigger Creative Fee means YOU are somehow worth more…. **HURL**! It’s short-sighted, at best.

Worse, using time as the basis of your Creative Fee makes you into the equivalent of a wage slave and insults your professionalism. It doesn’t matter if it takes you 30 minutes or 3 days to create your work–it is your TALENT and ABILITIES that count. If you have 30 years of experience and can make the difficult shot in an hour where a newer photographer would take all day, why should you be penalized for that?! So, stop billing as if time and your ego matter. Instead, think long term: you can re-license for more if you bill more for usage from the start! And it will help you if you ever get ripped off. Bill a reasonable Creative Fee, not time-based, and bill a large (but reasonable) Usage License Fee.

On the good side in the case cited above, the photographer has an online calculator for his stock licenses and that provided a number of $1000.70 for the same use as the infringer made of the photograph (still too low, in my opinion, but better). The Board relied on that number and awarded $3000 for the infringement here. Id. at 9. Whew. I mean, I think that is still way too low an award but it’s a hell of a lot better than 3 times $138.89. If the photographer here did not have published rates as he did, the court would very likely have awarded him $750, the minimum statutory damages available.

Respect your work by billing its worth. Your future self will thank you.

April 5, 2023April 5, 2023

Life Happens

There is an old saying that life happens while you’re busy making other plans. I have found this to be profoundly true, generally. It’s a good Buddhist reminder to stay present, but it’s even better at reminding us that no matter how carefully we plan our lives, things will arise that will demand our attention, no matter what plans we have made otherwise. I am currently experiencing one of those moments.

For some time, years actually, I’ve been having some minor medical issues that I have been ascribing to aging and how our bodies are imperfect. Things would flare up now and again and I would treat myself better, then things would go back to a relative normal. Until a few months ago when the things got much more annoying. No amount of breathing, stretching, changes in diet, meditation, laying off running, etc., were working. The pain was ratcheting up and my sleep was getting disturbed, even more than the usual caused by our animals in bed. I virtually never take so much as an Advil, and suddenly I was taking them on the regular. My quality of life took a slow nosedive and, finally, I ended up at my doc’s office. He sent me for a surgical consultation; and, well, next week, I will be getting surgery.

It’s outpatient, but still kind of gnarly and I’m not looking forward to the immediate post-op recovery phase. I don’t like taking meds generally and certainly not strong pain meds which, by all accounts, I will need. I don’t like being reliant on others, not being permitted to drive, and not being permitted to work (pain meds and lawyering do not mix!). But the procedures have a very high success rate, the pain meds will be a short-term thing (hopefully only a couple/few days), and, once fully recovered (which will take time), I should be good as new.

So, what does this have to do with lawyering besides the fact that I will have to take a few days off? Well, not to be morbid but there is a teeny chance I could never wake up or something could go wrong and I, like the cobbler’s son, didn’t have proper shoes. That is, like most of us, I didn’t have some very important legal things taken care of.

I have had my will, a durable power of attorney, and a medical power of attorney completed and sitting on my desk for more than 6 months, waiting to be executed. In California, all of these docs need to be signed in front of and attested to by two disinterested witnesses (that is, people who have no financial incentive like being an inheritor) and it was a minor hassle to get that accomplished. So, the docs just sat there on my desk, waiting to be executed. This impending procedure got me off my ass and, last week, I called two neighbors who agreed to be my witnesses and executed the docs.

Now, like I said, it is very unlikely that any of those docs will be needed soon, but I can go into my procedure knowing that my chosen person will be able to make decisions, if necessary, rather than having a certain pushy relative try to step in and do, most likely, exactly not what I would want; and that my assets won’t go to anyone I don’t want to get them. I can now, generally, sleep at night knowing that I won’t be making my loved ones’ lives more difficult if I get incapacitated or die at any time.

Far too many of us haven’t made plans for our incapacity or death, and we really need to. It’s terrible to love someone and not be able to do what they want, because you don’t have the legal authority. Worse yet, imagine being subject to the medical decisions of your QAnon-kool-aid-drinking parent or sibling because you’re not legally married (making that spouse probably legally able to step in) or you don’t have a proper doc naming a person you trust! Yikes!

So, if you don’t have all your docs in order, including updating them if you have new kids or a new partner since previous drafting, do it now. Trust me, you’ll sleep better.

February 15, 2023

A Rant

Business is hard. To paraphrase a favorite movie, anyone who says otherwise is selling something. Business is work and doing the stuff you don’t want to do. Business is hiring accountants and lawyers and making pitches to potential clients and doing research and paperwork and making trips to Costco.

Oh, and making your art, too. More on that in a bit.

It’s sacrifice and frustration. It’s making tough choices like to take what may be a cashflow hit now (like by saying no to a shitty, lowballing client) for the possibility of a long-term gain. It means having to say “no” to a lot more than you ever imagined, like to buying you or your kids stuff because you need to pay your over-priced health insurance.

It means having to smile to clients who are driving you nuts.

But, don’t forget, you chose this path.
Stop and think just how great that is. You are Here, as the sign says.

No matter how tough it gets, no matter how much you struggle in your business and to make your art, you are here and doing it. No matter how psychotic the client demands, how long the hours, how much you miss your life partner because you’ve been locked in post for the past week, or how frustrating the airlines are being about your gear, it beats the hell out of the Alternative, as my father used to say before the Alternative caught up to him at 92.

Take a moment to remember those who have inspired you and then honor them by recognizing that we’re all here temporarily and need to embrace the fantastic opportunity that presents. Play your music a little louder, do the drudge work with a better attitude, and push your art more.

About that last bit… are you playing it safe? Are you making the work you have been told you ought to make, that clients want to see, that won’t scare off potential clients? Then do us all a favor and quit now.

No one will pay more for your art than the next person’s “content” unless you believe in its value and, most of all, you make something original. If you feel like “anyone could have done this” about your work, you are probably right. Moreover, it’s not worth anything. So why are you wasting your time? Worse, why are you wasting everyone else’s? Why are you making the people who love you suffer more because you don’t have a regular job with normal hours and vacation days? Stop pretending to be a creative professional and whining about the state of the industry while doing what not only hurts you, but what directly causes the industry’s downfall.

Harsh? Maybe. In the words of the fabulous Margo Channing: fasten your seatbelts, it’s going to be a bumpy night.

Look, if you feel like your work could be made by anyone, then you aren’t working hard enough to make your art. I don’t know what you are doing, but it’s not being an artist. A poseur, an influencer, a faker, maybe, but sure as hell not an artist.

If that’s you, quit now, because that “play it safe” attitude is bullshit, especially today. You are only contributing to the illusion that anyone (or, in the case of AI, anyTHING) can be a creator. You are lowering the perceived value of creativity by flooding the market with even more shit work. Those creative pros who are busting their asses making really creative work are having to fight harder than ever to get seen, not to mention dollars for their efforts, because people like you make artists look like lazy, spoiled children who don’t work hard and simply luck out when they actually make something more. Like artistic nepo-babies.

In case you didn’t know, making art is hard damn work. Art requires more. More effort. More bravery. More of you. You need to put yourself out there to make the work. You should be spent, having given a part of you in the making. If it really is totally easy for you, you aren’t trying hard enough.

But, damn, y’all are sure whining about how no one wants to hire you or pay you enough. Funny how you can’t seem to accept that if you are phoning it in, you are a big part of the problem.

Put the pieces together and the equation is simple: you won’t get work playing it safe because safe work is shit and no one wants to hire someone who makes shit, no matter how nice you are; so, you might as well make the stuff you have in your soul, the stuff you hide from everyone, even quite probably yourself, the stuff that lots of people might actively hate or at least not understand, the stuff that is real.

Here’s your new mantra:
You don’t need everyone’s approval.
You don’t need anyone’s approval.
You don’t need to be liked.
You just need to make the work, your work, your real work; and bill its value rather than some lowball rate or, worse, for the “exposure.”

You make your real art? Then no one can touch you.

January 25, 2023

10 Commandments for Commercial Photographers*

The 10 items below are written primarily for photographers but, really, the ideas apply to all commercial artists, whatever your speciality.

Understand and accept that you will make mistakes. You are going to forget a battery or mess up a setting or forget to double-dog confirm that one stylist or something. None of this is terminal, even if it is hard now. You’re a creative problem-solver–you’ll find a way through it.
You are not your images. If you show your work to someone and they don’t like it, don’t take it personally. Art is subjective. Just because your work isn’t right for them doesn’t mean you suck.
No matter how much you know, someone else will always know more. Always be learning and be willing to learn. Take classes. Listen to clients. Be open to other ideas.
Don’t get stuck on the final. You may know exactly what image you want to make, but if you stop there or hyper-focus on making only that image, you may miss out on an even better image. Play.
Treat people who know less than you with respect, kindness, and patience. Your corporate “suit” client, let’s call him “Bob,” may offer up the lamest idea in the universe on a shoot. Be kind to him–he is trying. Be kind to your assistants and crew too while you are at it. You are not a god (read #1 again) but just another human being like those around you, even if you have talent in an area they don’t. Don’t be an egotistical jerk.
The only constant in the world is change. “While we’re here, can we just shoot…” or “I just found out we need the model to be blonde” and the like are opportunities, not difficulties–if you choose to look at them that way. Same for market changes and technology changes. Be open to change.
The only true authority stems from knowledge, not from position. You can’t force a client to respect you, but you can earn that respect by demonstrating your professionalism compassionately and openly at every opportunity.
Advocate for what you believe, but accept defeat graciously. They client may say they want your look, but sometimes the boss of the client’s boss’ boss wants it how they want it and that is just that. Pitch your ideas, advocate for them passionately, then let go when it won’t change a thing. When that happens, just make the best work you can within your client’s parameters and, when it’s done, move on and cash the check in peace.
Reach out. You can’t expect people to know about you and your work just because you have a social media presence. You need to get out there and meet people. The more you put yourself out there to the world, the greater the chance you’ll connect with someone who really wants to work with you.
It’s art–not a tumor. If your work feels like, well, work, I mean like drudgery/work, then you might want to think about another career. You need to love what it is you are doing–making images needs to be a joy, a release, a passion–it needs to be the fun part. The rest of business is generally not fun (bookkeeping, insurance, taxes, etc.); making the work should be joyful. If you don’t absolutely love it, you need to try to re-find that fun/passion/joy. Otherwise, you might as well do something that has a regular paycheck and benefits like health insurance.

(* I originally wrote the first version of this in 2008–I’ve updated it here but the original has held up very well, almost 15 years later)

December 19, 2022

Ho Ho Holy Crap, Where Did the Year Go?!?

Blue heeler unhappily wearing fabric antlers with a bell dangling off the right one. — Mongo no like antlers

The other day, on NPR, they ran a story about people who are studying how we (humans) experience time and one of the commonalities is that the pandemic affected that. For most people, it was a slowing of time–a day felt like many more than 24 hours, a week more like a month, et cetera. But as things have opened up, for many people time has started to fly.

I am definitely one of those people. In short, while 2020 and 2021 slogged, 2022 has flown by. I can’t believe the end-of-the-year holidays are upon us already.

My usual plans for the end of the year got bumped when my partner got Covid just days before Thanksgiving. Then, despite mask wearing and his isolation, he still gave it to me, forcing me to isolate for the week after Thanksgiving. Luckily, we both came through with only mild (me) to moderate (him) symptoms (thanks to the vaccines), but it has forced a change in our usual holiday activities.

Anyway, here we are. This year, I incorporated my law practice, got some new clients (thank you!), got threatened with a lawsuit for daring to send a demand letter to someone (ugh), started writing for the Architectural Photography Almanac, quit Twitter and moved to Mastodon, and handled many matters for my clients. It was, overall, a good year.

In thanks to all of you who permit me to do what I am passionate about and, as is my custom, I have made donations to a couple of charities rather than sending you tchotchkes as thank-you gifts. This year, I made a single donation to the NPPA’s fund and committed to a monthly contribution to the Souther Poverty Law Center. Both organizations do much good in a difficult world.

Thank you, all of you, my clients past, present, and future, for permitting me to serve you. I hope I may do so for some time to come.

Here’s to a wonderful 2023 for us all.

October 20, 2022

Answering Questions

I’ve just started writing for the Architectural Photography Almanac, to answer general legal questions and discuss issues that their readers face. Many of these issues and answers will be applicable to all photographers and all creatives, generally. The posts should be monthly, and comments are welcome!

Check out my first post, here.

August 2, 2022

Filing at the CCB

I filed my first case in the CCB last week and thought I’d share a bit about the initial process.

TL:dr It’s designed to be non-lawyer friendly but I’d still encourage using one anyway.

First, don’t do anything without reading the handbook beforehand. It will make a huge difference in understanding how the forms work as well as the process as a whole. It will also give you the chance to see what things you might not understand fully, so that you can ask questions (preferably of a lawyer, not some rando on social media). For example, when you enter your certificate number, there is a very specific way to do that and it’s not “VA2-222-2222” like you would expect. Many of those little questions will be answered by the handbook.

Second, you may be tempted to look at several of the other cases to see how others are approaching the process. I did that and this can be very helpful to attorneys, but I’m afraid it may only make things worse for non-lawyers, as there is some crazy out there already. If you don’t know how filings work or what the elements are to your claim, that is, what you’ll need to plead and prove, this is where you can get into trouble. For example, there is one case where the claimant (plaintiff, in regular federal court) is essentially trying to sue the US Copyright Office. That’s not what the CCB is for and those filings will send you into a rabbit hole of bad examples. So, for most of you, I’d say skip this unless you want to run something by your attorney to see if it’s a good example to follow or maybe you have litigated in the past and know how the process usually works.

Third, gather all your evidence and plan your case. You need to know what you need to prove (the elements of infringement claim) and what you have to get you there (evidence). Do you have any holes in your evidence? Now’s the time to try and fill those gaps. For example, you should (at least) have a copy of the original work and copies of the infringing uses and a copy of your registration certificate, if you have one (in the CCB, you have to have at least applied for registration to start a claim, but it’s better to have one in hand already)—all that is your evidence.

You should also take the time to research your opponent, if you haven’t already. You’ll need contact information of some kind, at the very least. Gather all this information and organize it into some sort of cohesive story. In regular court, we attorneys do this in the form of the complaint we draft and file; here, there is no need for a formal complaint, but a document with the same information will be helpful.

To create the document, write a list of how and when the work was made, when it was first published (published for the purposes of copyright law—not published in the normal English sense), when it was registered, when you discovered the infringement, how you did that, and then what steps you took after your discovery of it.

And if you haven’t already tried to negotiate a settlement before filing, now might be a good time to consider that first. It will look better if you try to get the matter worked out before filing and, if it works, then you won’t have to file! In the case of the filing I just did, we’ve been trying to get the respondent (defendant) to negotiate reasonably for almost a year before my client decided to take this step.

Anyway, back to the doc… in some sort of bullet point-like list, tell the story and, in it, point to the evidence you have. Think simple, declarative sentences. For example:

Claimant created the photograph on June 1, 2020.
Claimant first published the photograph on June 15, 2020, when she offered it for licensing on her website at https://www.photographer.com/art.jpg.
Claimant registered her copyright in the photograph, with others, receiving certificate No. VA2-222-2222 with an effective date of July 1, 2020. [Exhibit A: USCO certificate]

etc.

After you have all that done, you can start to fill out the claim forms. It will be much easier with the timeline and the evidence in order, but remember that you can always stop and save your progress, then come back to the forms later. You should, at the end of the claim, upload pdfs of the timeline and the evidence you have. Also, make the file names for these things clear, like “EX A: Cert va2-222-222.pdf.” You don’t need to do all that, but it will make reviewing things easier on the CCB attorney assigned to review the claim and hopefully get you to the service process faster.

Pay your $40 (the other $60 is due later, if the defendant doesn’t opt-out) and then, like me now, you sit back and wait for the CCB attorney to review the claim to make sure it’s appropriate for the venue and meets the standards. Once that happens, you’ll be instructed about service.

When that happens, I’ll let you know what the next steps are like. Stay tuned…

July 1, 2022

Look At My Shoes

Today is July 1 and it is the first day I’m doing business as Burns the Attorney, Inc. The old saying about the cobbler’s kid going unshod? Yeah, that was me. I should have done this a while ago but, still, now is better than later.

Forming an entity is a state-specific thing. The legal hoops you need to jump through vary from state to state. For example, I incorporated because I had no other choice. In California, you can’t have a solo-member LLC if your business is the law. You can, however, have a solo-member creative business LLC. Or incorporate. Go fig.

Anyway, there are many reasons to form an entity. The most obvious ones for a solo are to protect your personal assets and for tax benefits. For the second, you should talk to a CPA. A (non-tax) lawyer can give you some general tax advice, maybe, but a CPA will know best. Talk to one before you do anything about formation.

The other one, asset protection, is where talking to me (or any good business lawyer) makes sense. See, if you don’t form an entity and your business gets sued, well, you are your business legally-speaking as well as metaphorically. That means whatever assets you have in your personal world (like your house and car and retirement accounts) are available to pay a judgment against your business. Lawyers like me know what you need to do to form the wall between your business and your personal assets.

Arguably more importantly, we know what you need to keep doing to make sure that wall stays strong. See, if you don’t “maintain the formalities” (as the law likes to say), your wall can become paper thin, making piercing the corporate veil a piece of cake. Once the veil is pierced, your personal assets are back in play. Yikes!

In the creative world, creating an entity has extra considerations: your copyrights. As a sole proprietor (i.e., not an entity) you are the author of your creative work and the copyrights are owned by you. They will last until 70 years after your death. But, if you form an entity, you become an employee of that entity and the entity becomes the legal author of your work! Suddenly, the term of the copyrights change: 95 years from the year of the work’s first publication or 120 years from the year of its creation, whichever ends first. There are also inheritance issues then. There are legal ways to hold onto your copyrights in this situation–an attorney can help you with understanding which way is best for you and then making that a legal reality.

As for me, it is a relief to have taken this step. I sleep better at night knowing that my house (that I own with my boyfriend) isn’t endangered by my business. Also, it sure doesn’t hurt to know that I’m saving some money on my taxes, too.

So, while the way I serve my clients won’t change, starting today I’ll be serving them as the President/CEO of Burns the Attorney, Inc.
That’s some fine shoes.

June 16, 2022

Small Claims and Options

The Copyright Claims Board, aka the CCB or copyright small claims, launched today. You can now file claims using that system, rather than federal court.

However, that doesn’t mean you must use that system. I’ve written about my reservations, but that’s not what I’m talking about here. Rather, I mean that just because the CCB is now available as an option doesn’t mean that you should skip the step of trying to work out an infringement matter without filing anywhere first. My legal philosophy is that one should always try first to work things out without litigation, be that in federal court or the CCB.

In the past, an infringement of an untimely or unregistered work (without a CMI removal claim) was almost assuredly going to be a “can’t take that on contingency” situation for me. Now, however, I’ll be taking a different look at those kinds of matters.

The existence of the CCB system gives those of you who have not timely registered your work a new tool to use in pre-litigation negotiations. Instead of having to prove up a license rate to an infringer (“actual damages”), now you can say “Hey, if we go through the CCB, I can be awarded up to $7500 in statutory damages for this infringement” which gives you some negotiating leverage. Of course, you shouldn’t ask for the full $7500 to settle–that is rather defeating the purpose of pre-litigation settlement (i.e., to save everyone time, effort, and money), but it lets the other side know what they might be facing if you don’t work it out.

Also, remember that you will have to register the work before you can get a judgment from the CCB; that is, you need to have applied for registration prior to filing the claim and you need your certificate before the process is completed (there are ways to expedite registration, if needed). If you haven’t applied for a registration of an infringed work yet, you might be able to use that to help convince the other side to settle because you can settle for less money now. I mean, if you have to register and pay the filing fees, etc., you’ll have to get more to settle–that’s basic business math.

Sadly, however, a well informed opponent will know that they can opt out of any CCB proceeding brought against them, reducing you to actual damages again, but lots of infringers are not going to be so informed. And you don’t need to inform them.

Note, I am NOT suggesting you lie to any opposing party–you shouldn’t say they’ll “have no option but fight the claim in the CCB” or similar, but you can say, “If I bring this claim in the CCB, I can be awarded up to $7500 in statutory damages.” There is no lie there. What I’m saying is that you don’t have an obligation to tell them how the CCB works for defendants and that they have an out, not until you actually file with the CCB. If you end up filing in the CCB, then you have a duty to inform the opposing party about the claim and their options. Until you file, though, nope.

Anyway, as I said, if you have an infringement of a non/untimely registered work, now I may be able to help you on contingency or a hybrid fee. You can submit the information for my review using the form, here, and I’ll let you know what your options are, including what fee arrangements are available. As I mentioned in my previous post, I am limited annually to the number of claims I can file for my clients, so I will have to pick and choose a bit if we get to that point. But, we might work together to try to get you a reasonable settlement before taking that CCB filing step.