What do I do now?

Fiendish Astronaut · May 12, 2011

A website of a well-known and large music venue has taken a watermarked image of mine from Flickr (where my license is set to all rights reserved) and used it in their live listings. I emailed them nearly three months ago to ask them politely to take it down. No response. So I emailed them again... still nothing. So I emailed the company that designed the website. I got an apologetic reply by that company telling me they'd raise the issue with the site and ask them to check for other such images.

It's May now and the image remains. What should I do next?

I have not posted the link in case I'd be breaking some sort of rule, however happy to do so...

Thanks!

loopy · May 12, 2011

What you might not know is that the DMCA has built in protection for web hosts, so they can not be held liable if a client is hosting a website breaking the DMCA. In exchange, the web host has to promptly remove or block access to the content in question.

-Source

Try using whois to find out who hosts the site.

CCericola · May 12, 2011

Consult a lawyer.

tirediron · May 12, 2011

First, decide what you want. Do you simply want the image removed, do you want compensation (I'd say you should receive something), do you want credit, or do you want to take them to court. Then find an IP/Copyright lawyer in your area and discuss the matter with him/her. Often a well drafted letter from a lawyer requesting payment will do the trick. This is going to cost you a few hundred dollars (at least) out of pocket up front, but hopefully you'll be reimbursed.

Good luck!

Bitter Jeweler · May 12, 2011

You need to accept that by posting your images on the interwebs, there is a chance they will be "stolen" and used without permission.

My big tip to you for posting on Flickr, is DO NOT TAG OR TITLE YOUR IMAGES.

It is convenient for you to be able to find "that" one image you want to show someone, but keep in mind, your images are found by people searching using tags and titles.
In tracking the Flickr usage data, I have yet to find usage of any of my images that are not tagged or titled. Flicker is easily abused as free stock photography. You can limit it a great deal. Again, it's not ideal, but you will be searched much much less.

c.cloudwalker · May 12, 2011

Bitter Jeweler said:
You need to accept that by posting your images on the interwebs, there is a chance they will be "stolen" and used without permission.

My big tip to you for posting on Flickr, is DO NOT TAG OR TITLE YOUR IMAGES.

It is convenient for you to be able to find "that" one image you want to show someone, but keep in mind, your images are found by people searching using tags and titles.
In tracking the Flickr usage data, I have yet to find usage of any of my images that are not tagged or titled. Flicker is easily abused as free stock photography. You can limit it a great deal. Again, it's not ideal, but you will be searched much much less.

I'm giving you a like because it is useful info for some people.

However, I think this has nothing to do with the OP's problem. For all we know, he does want to sell and he HAS to tag them so that people can find and buy them.

So, I say, SUE the darn bastards!

But seriously, talk to a lawyer. I don't know anything about your lawyer system in the UK but I imagine you have some who specialize in intellectual property cases and that's who you want to talk to. Not the guy who does your last will and testament. Good luck.

Bitter Jeweler · May 12, 2011

c.cloudwalker said:
I'm giving you a like because it is useful info for some people.

However, I think this has nothing to do with the OP's problem. For all we know, he does want to sell and he HAS to tag them so that people can find and buy them.

Ya pays your monies, ya takes your chances.
My point, if you post them, them can be stolen. I hardly consider Flickr to be a place for selling.
I am willing to bet, through Flickr, for every one image you find being used without permission, there are three you will never know about. :greenpbl:

I am not commenting on what to do in this situation, beyond, why wait 3 months before contacting them again?

mishele · May 12, 2011

You can also contact flickr. I don't know how much help they will give you but they can put pressure on people to take it down. I've read other stories about them helping. It might be worth a try.
I did hear it was a bit of a process though.

KmH · May 12, 2011

I'm not sure how it works in the UK but here in the US: Help! I've Been Infringed!

KmH · May 12, 2011

mishele said:
You can also contact flickr. I don't know how much help they will give you but they can put pressure on people to take it down. I've read other stories about them helping. It might be worth a try.
I did hear it was a bit of a process though.

Flickr will worry about covering their own ass, and act according the OCILLA statutes:

Online Copyright Infringement Liability Limitation Act - Wikipedia, the free encyclopedia

c.cloudwalker · May 12, 2011

Bitter Jeweler said:
My point, if you post them, them can be stolen.

Don't get me wrong Bitter, I totally agree. And that is why you won't find any of my photos on the web unless they are posted by others such as agencies that have a vested interest... And in that case it is their problem if I find them stolen. They still have to pay me.

I also agree with the "why wait 3 months?" thing.

Fiendish Astronaut · May 12, 2011

Thanks for the replies everyone.

re: the three months. To be honest I've been quite lax, and it's not a huge deal to me as the existence of that particular page is not damaging to me. However it is a point of principle - they can't just take photographers images like that and the practice of lifting photography like that is damaging to the photography industry. Should have acted sooner but no point losing hair about that now. I've been pretty ill recently too so my mind's been contemplating more important personal matters...

At first I was happy for them to take it down and leave it at that, but now they are just being plain cheeky so I'm going to send them an invoice via a lawyer I think.

c.cloudwalker · May 12, 2011

You think?

Can I fooking steal your photos?

imagemaker46 · May 12, 2011

Lawyer-big invoice-let them deal with the lawyer. Too many pricks out there stealing images, making slight changes to them and then they figure it's ok to use them. Just screw them to the wall. Even if they take the image down they will still be holding an invoice from you. Don't give up on this.

bennielou · May 13, 2011

As someone who has had my photos stolen about a zillion times, the copyright deal doesn't work overseas. The only thing that has worked for me was to prove to the internet provider that my photos were jacked. And for good measure I also spread the word with all my photo friends who ultimately humilate the poster via very public internet outrage, to take the photos down. (They normally steal my photos as well as others). Public Internet Humiliation works way better than you could ever imagine.