Help needed!!

M2ZPhotography · Jan 19, 2013

I have recently went on a website and found my company's photos being used without my permission. I went to the creator of the site and asked simply to give me the photo credit or I will have them taken down but they said no we own them but I have all original photos and the ones on their website are even linked to my cameras signature. The next day I woke up with them sending me a self made legal document and on their site they put their own personal copyright on my photos. After seeing this I wrote a formal letter to the company asking for a letter of apology and for the photos to be removed. I gave them a deadline of a month for this is to happen but shortly after I noticed they are now selling my photos. So seeing this I also asked for proof no money was made off my photos and if so I wanted full pay for the photos sold. It was been over a month and nothing has been done on their part or even them saying that is was being done.
So to recap: 1) They stole my photos off my site 2) They put my photos on their website 3) They refused to give me photo credit 4) They put their copyright on my photos 5) They started to sell my photos

Can anyone help me out on what I should do next or any advice it would be really helpful and appreciated

KmH · Jan 19, 2013

You need to consult with an attorney familiar with both intellectual property law and publication law.

thetrue · Jan 19, 2013

KmH said:
You need to consult with an attorney familiar with both intellectual property law and publication law.

I second this, but out of curiosity, have you entered any of the stolen images in any contests or competitions?

Pallycow · Jan 19, 2013

You're not in the USA, most of us here are going to be unfamiliar with your laws.

M2ZPhotography · Jan 19, 2013

No they were only posted on my companies page and I have looked into the law here in Canada and for the most part they are the same as the states. The thing is here is that once you take the picture you already have the copyright on it as in you click you own rule is what I have been told.

KmH · Jan 19, 2013

Canadian copyright law was recently subject to some major revisions. I do not know if any of those revisions were made retroactive, but it's not likely that they were.

In the past in Canada, whoever commissioned the making of an image owned the copyright, unless contract terms stated otherwise.
So to repeat. Hire an attorney.
You cannot rely solely on legal advice you get in an online forum.

Also at issue is where the alleged infringing web site is based, because then international copyright provisions may also apply (Berne Convention).

Hopefully, you performed the basic actions needed to document the situation.

However, by contacting the web site yourself, you may have weakened whatever legal leverage you had.

Help! I?ve Been Infringed! | Photo Attorney

Vents · Jan 23, 2013

Local court ? I did it only with their help

KmH · Jan 23, 2013

In the US, copyright law is federal law. Consequently, local courts don't have jurisdiction over copyright infringement cases.

EpicUpgradeTime · Jan 26, 2013

This is why I like putting watermarks on my online photos. Unless I'm uploading it to a company to sell, then its raw because no ones going to buy that. Pulse most websites that sell photos put there own watermarks on them so people can't download them, and hope there going to use that photo.
I know it seams silly to upload it with a huge watermark on the photos to your own website, but then you can always sleep good at night.

480sparky · Jan 26, 2013

Find out who hosts their website, and send them a DCMA infringement notification letter stating your position.

Unless your images were registered with the US Copyright Office prior to this incident, you really don't have much legal standing.

KmH · Jan 26, 2013

480sparky said:
Find out who hosts their website, and send them a DCMA infringement notification letter stating your position.

Unless your images were registered with the US Copyright Office prior to this incident, you really don't have much legal standing.

The OP is in Canada.

10's of 1000's watermarked photos are stolen from the WWW every day.

The best way to prevent your photos from being stolen is to not put them online.

skieur · Jan 26, 2013

You say "my company's photos". Did you take the photos? Did you sign anything or do anything that would put your copyright of the photos in doubt? Are you a professional photographer or someone who charges for their work? How much are the photos worth in your estimation? How much are they selling your photos for?

It seems to be rather an obvious case of copyright infringement. Your next step is whether you wish to initiate a law suit. To make that decision you may need to have a initial consultation with a Canadian copyright lawyer familiar with bill C-11 to determine cost involved/chance of success/ and what kind of a settlement might be possible and where the court action would take place.

A more inexpensive option may be small claims court using a cheaper paralegal. The limit in some small claims courts may be as high as $25,000 depending on the province and municipality.

Hope this info. is a helpful beginning.

skieur