PLEASE clam me down so I can take action with a clear mind.

Discussion in 'General Shop Talk' started by photographyfanatic, Jul 29, 2009.

  1. photographyfanatic

    photographyfanatic TPF Noob!

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    So I have had two images stolen off my website by the same person now. The images are being used online to promote a bands gig . When the images are right clicked a copyright notice appears and clearly states no unauthorized use. The person ignored it and took the images anyway. So I am so angry, but I want to document the use and take action and either send this person a bill or demand he remove them or both. What measures should I take to document the use? Would printing out the page where he is using it be effective? Since it would then document date, time ect..? In addition how can one register images with th Us copyright office? Thanks.
     
  2. MBasile

    MBasile TPF Noob!

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    I'm not sure what it means to "clam you down" but I'm pretty sure thats something that your significant other should be in charge of ;)
     
  3. MACollum

    MACollum TPF Noob!

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    I'm going to assume you want to register in the US. U.S. Copyright Office - Online Services (eCO: Electronic Copyright Office)

    You should send them a notice to remove the images. Give them a deadline. Send them a bill if they do not remove them by the deadline (or just do it anyway). If they still do not remove the pictures, contact their web host and tell them of the infringement. They will shut down the web site if the images are not removed. The EXIF data can help prove ownership of the pictures. If you shot in RAW, your having the originals is all the proof you need. Good luck.
     
  4. manaheim

    manaheim Jedi Bunnywabbit Staff Member Supporting Member

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    You don't need to reg copyright on images.

    Calmly contact them directly (take some snapshots of the site, print the site as a PDF etc, take a picture of your monitor and date it, etc.. (I would do all of these)), and then if they don't stop, call an attorney.

    btw, I would actually suggest you treat this as a potential business op vs. just an excuse to get riled.

    "Hey, so glad to see you like my images, but you have to understand they are copyrighted works and cannot be used without permission... however, if you'd like to pay my annual licensing fee, I'd be very happy to have you use them."
     
  5. photographyfanatic

    photographyfanatic TPF Noob!

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    This is a nice suggestion. I will try that, then get mad. Thank you
     
  6. Antarctican

    Antarctican TPF Noob!

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    Well said. And more likely to lead to a favourable outcome than if photographyfanatic were to start out with both guns blazing
     
  7. KmH

    KmH Helping photographers learn to fish Supporting Member

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  8. musicaleCA

    musicaleCA TPF Noob!

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    I agree. Try to be as polite and calm as you can about it first, as manaheim said. Use calm, but firm, no-room-for-interpretation wording. Note that they must pay for the images. If they don't comply (or don't reply), try to contact them via a different avenue (like phone), or send another email, warning them of all the severe repercussions of the infringement. Document all of this correspondence, to the very last detail. Playing nice for the first round or two will actually strengthen a legal case against them greatly; you'll have a mountain of communications to them with warnings, proving that they are violating your copyright willingly and knowlingly (and there's very little chance at that point that they could wriggle out of paying damages at that point).

    Play nice for a little while, and try to work things out rationally. Then warn that you're going to essentially play hard ball (that you'll be sending a bill in the amount of <whatever>, and if that isn't paid by a certain date, taking legal action including filing a DMCA take down notice and having their site shutdown; if that doesn't wake them up, the subeona will). Play hard ball as a last resort; it can be PR suicide to do so right off the bat.

    Oh, and in any correspondence, make sure you give them deadlines for everything, and follow them to a tee. That'll give it a sense of urgency, and hopefully prompt them into acting.
     
  9. UUilliam

    UUilliam TPF Noob!

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    You don't need to register your images with copyright, it just makes it easier to keep track of your copyrights

    by law, Everything created by a person is copyright, if you scribble onto a piece f paper and someone steals the image, it is copyright infringment... no matter what you make is legal copyright to the creator unless the creator otherwise states.

    But if your image wasn't copyright right now there is nothing you could do about the usage of the image, it was online and it was on a website open to the public and at the time they took it, it wouldn't have been copyright.
    Luckily this isn't the case.

    Good luck in getting your images back... technically.
     
  10. musicaleCA

    musicaleCA TPF Noob!

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    That the image was publicly displayed does not mean the creator surrenders copyright. And the image is copyrighted right when the camera writes it to your card, so I'm not sure what you're getting at. *scratches head*
     
  11. UUilliam

    UUilliam TPF Noob!

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    no, no I ment IF you did have to buy copyright
    like if by law, the only way to copyright images was to pay, but the person never paid for copyright, there isn't much they can do, but luckily this is not the case
     

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