Web Designer(¿s?) Stole Photo

[Vautrin]

So 6-7 years ago I got my first digital camera, and while most of my old stuff was garbage, there was one photo (a stitched together panorama) that I took that ended up looking AMAZING. I just was in the right place, at the right time, at the right angle.

Sometime in June, I was advising a friend (on their computer) where to visit, and I told them to go to my old town. And told them to google pictures of Maastricht.

Wouldn't you know the "Amazing" picture that came up #1 was my old photo?

I went through, and found two or three web sites who also had stolen my design. I was naÏve and had uploaded my photo somewhere a googlebot could find it all those years ago, and someone did!

So I called up the web sites, told them to pay me. They took the image down, and stopped taking my emails or phone calls. About two weeks later someone from a web design service emailed me and asked if they could use my photo from my site. I asked for a number, and never heard from them again. So I shrugged my shoulders, and forgot about it.

Today I was a bit bored, and just for kicks, googled Maastricht again.

Wouldn't you know the same photo's been used three or four times, again?

So I'm wondering what the best thing to do is. Most of the infringers are located in Europe (specifically the Netherlands).

While just having them stop is nice, I really feel like I deserve compensation for my work. And the thing that's really garbage is if I look on the websites that are infringing, there are some nice pictures (including the ones they replaced my photos with).

I really have to wonder if the web designers got any of the images from a stock site. I suspect (although do not know) they're not paying for the rights for any of their images.

 

[fotomonkey]

I think you need to look into the copyright laws in the Netherlands. I've had this happen to me twice. Once it was in the context of a website and once as a CD cover. A quick cease and desist letter (from me, not even an attorney) were enough to stop both. I didn't pursue any financial action against them.

In the US, while your pictures are copyright protected the moment you capture them, you don't have the full legal capabilities unless you formally register them. From the US Copyright Office website: Registered works may be eligible for statutory damages and attorney's fees in successful litigation.

So in other words, if you've registered the images you have more options so to speak. But I have no idea how things work in your country.

 

[Vautrin]

Well that's the kind of frustrating thing. These were pics I wasn't really serious with so it made no sense to register for copyright.

I've found a service called Tineye that lets you do reverse image searches. Seems to work well (found a few more infringers), am currently going through looking to see how many more images were stolen.

 

[MOREGONE]

DCMA take down request?

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What is a DMCA Takedown?

[TBODY] [/TBODY]

What is a DMCA Takedown? - DMCA.com

A DMCA Takedown is: When content is removed from a website at the request of the owner of the content or the owner of the copyright of the content. Note: although the DMCA is part of US Copyright law, a DMCA Takedown does not require the content to be copyrighted in order to process the takedown OR for the request to have the content taken down acted upon by the website owner or ISP. In other words the fact the content is yours, or in the case of a photo or video the subject is you can be sufficient enough to request a takedown.

[TBODY] [/TBODY]

 

[KmH]

Here is some reading for you.

Help! I've Been Infringed! | Photo Attorney
Two Easy Steps for Using the DMCA Takedown Notice to Battle Copyright Infringement | NPPA
Registering Your Copyrights Using the eCO System | NatureScapes.Net The Resource for Nature Photographers
What's An Infringement Worth? | Photo Attorney
http://www.photoattorney.com/wp-content/uploads/2013/02/Excuses-excuses.pdf

 

[480sparky]

Well that's the kind of frustrating thing. These were pics I wasn't really serious with so it made no sense to register for copyright.

So, what would happen if you sent an infringer's web host a DMCA take-down notice, only to discover that the infringer has registered your image with the USCO?

 

[vintagesnaps]

Try American Society of Media Photographers for info. from a professional photographers organization related to copyright infringement etc., or look up PPA's website and see what info. they have on their site.