Gary Elsner

Valuations relating to potential lost earnings from damaged or destroyed imagery

I work with attorneys involved in  litigation dealing with commercial photography by providing my Expert Witness services.  I specialize in valuations , industry practices and FMV pricing on copyright infringement litigation.

Industry practices and standards

Working within the commercial photography industry for many years allows me to accurately report on standard practices, protocols and procedures including today's, last year's, or from ten years ago. Disputes involving imagery sometimes evolve and cover an extended period, and claims are sometimes based on actions that occurred in the past. A clear understanding of today coupled with knowledge of the past plus a vision of the future gives me a unique and valuable cache of information from which to form accurate and factual opinions.

Copyright

There are many aspects to copyright: the actual registration, the copyright laws themselves, industry practices (both on the provider and user sides), and copyright enforcement and appropriate fees related to infringement issues. I have experience with users who have committed infringements where I have worked out settlements that didn't require litigation. I've worked with attorneys on copyright and infringement. This gives me the wherewithal to opine and offer testimony on copyright matters.

Usage pricing

Licensing images is an inexact science. Whether you are involved with a royalty-free or rights-managed model (or both), there are many elements to consider. Subject matter, exclusivity, usage specifics, and duration are just a few examples of things that affect pricing. Last but not least, as the “sale” reflects a transfer of rights and not outright ownership, client history, potential and ability to pay are factors to be considered as well. As my daily work allows me to see the reality of the market and the history as it continues to unfold, I have a unique position from which to offer relevant fact-based opinions.

Licensing procedures

One would think that by now, media licensing would be simple, elegant, and standardized. The reality of the commercial photography industry is that licensing continues to be a work-in-progress and will continue to evolve as new technologies and a new generation of users dictate the necessity for change.

User Practices, expectations and tendencies

As new technologies and new generations of users assume responsibility for licensing images, new products, and licensing models, the impact of technology and the instantaneous nature of image delivery will bring continuous change to existing ways of doing business. The process will continue to evolve. My long-time involvement in this process affords me the opportunity to advise and opine on that evolution.