In May 2005 Chris Gregerson, a photographer in Minneapolis, received a copy of his local yellow pages. Looking through it, he saw a photo of his being used in Vilana Financial‘s full-page phone book ad. Mr. Gregerson contacted Vilana to demand a licensing fee, which Vilana refused to pay.
Not dissuaded, Mr. Gregerson wrote about it online. Vilana sued him for defamation, producing a sales agreement signed by one ‘Michael Zubitskiy’ (who Vilana claimed took the photo and sold the rights to them). Mr. Gregerson sued Vilana for copyright infringement, and they counterclaimed for trademark infringement, deceptive trade practices, and tortious interference.
After what must have been a long road indeed, Mr. Gregerson wrote in an article to Slashdot: “There was a trial I’ll long remember on the 5th of November, and the judge recently issued her verdict. She ruled Vilana Financial forged the sales agreement and willfully infringed my photos, and awarded me $19,462. All claims against me were denied. I represented myself during the litigation.”
Mr. Gregerson, my hat’s off to you. Well done.
Not every artist has the stomach, time, or resources for a multi-year litigation against a much larger company. In fact, the legal system contains many economic disincentives against even trying. For example, this suit found Mr. Gregerson with an award of $ 19,462 (his request for fees and costs was denied because he’s not a lawyer.) His suit was filed in March 2006 an was finally decided in February 2008. Most people also don’t realize that a judgment doesn’t mean automatic money in the plaintiff’s pocket, now Mr. Gregerson must execute on his judgement.
I won’t even estimate how much he would have expended in legal fees had he hired an attorney to litigate this case, but let’s just say it would have been FAR more than the award he received. Ultimately, the court hasn’t made Mr. Gregerson whole, but I can’t help but be inspired by his success. Sometimes, the little guy really can win.
