Copyright Infringement

mdebets

Has anyone experience with copyright infringement from the US.
A US based webstore has used one of my photos from flickr without permission. They even went so far as changing the photo (removing a car in the background).
What is the best way to get them to pay (what would be a reasonable price?) for this photo or at least get it removed from their site.
Does anyone know the relevant US laws to quote to them?

Thanks

RoryW

They mujst really like the photo as it is used 12 times on their webpage !

12 infringements x $$$ =

Chochese

Firstly, the best course of action is to drop a friendly line to the company and ask them are they aware they are guilty of copyright infringement and ask them to remove the image from the site. Then you should request money from them if they refuse to do this.

As far as quoting them laws, stealing is stealing. Simple as.

Most companies (especiall small ones) misinterpret the use of images on the web, mostly seeing them as being in the "public domain" and open game for everyone.
They should know that simply hosting an image on Flickr, DeviantART, PhotoBucket or any other online gallery site does NOT give carte blanche to all and sundry to use it as they see fit. Almost all of these sites have terms of service that clearly state all images are copyright of their respective owners/creators. You should point them in the direction of said terms for Flickr.

Duzzie

They probably figured no one would even notice. Somehow I doubt that this is a rare occurance just that the owner of the photographs never knows that his pics have been stolen. How did you find they were using your pic? Maybe someone at Flikr could advise you??
Good for you for persuing them, they should not be stealing ppls pics or using them without permission.

Duzzie

deman

They didn't even do a good job shopping the other vehicle out as you can still see it through the windows.

If I were you, I'd follow up on this. First thing you've gotta do is prove that the picture is yours. Then make sure that you keep all the evidence of theft. It's no good just bookmarking the page of course as they could easily change the picture.

sheesh

get a site grabber app from the net and download the section of the site then take screen shots of the site containing your pictures

then email them and ask them where they got the photo they might have bought it of some small company that was selling stolen images as stock images. If they reply inform them that you took the image that you own the copyright and that you did not sanction its use. Also inform them that just because it is on the internet it does not mean that it is free to use and that even if they did not know this they are still in breach of copyright law.

Anyone ever contact the federation against copyright fact (FACT) you know those guys that are on DVDs? I wonder would they do something?

Borderfox

Is there anything on flickr to see if your pictures are being used off site? just use print screen and import into word or photoshow or wordpad and send them a cease and desist note

Paddy@CIRL

Also tell them the style Police will be around to kick the comic-sans out of them ...

Chochese

Paddy@CIRL wrote: »

Also tell them the style Police will be around to kick the comic-sans out of them ...

:D:D:D:D:D:D:D:D

Fajitas!

Bloody graphic design students

mdebets

Just a little update on this.
I send them an invoice over 1000$.
They now removed the image don't want however pay the money. They send me the following email

We have removed said image from our website and deleted the file. Although we have never seen your "Flikr" page, it is obvious that the image we were using, through some untraceable route, obviously originated from there. Images are copied rampantly all over the internet so I would suggest that you imbed a copyright into the image to prevent this type of thing from occuring in the future.

So they basically admitted to stealing it.
I gave them until the end of the month to pay.
Does anyone know any no win no few lawyer in the US who takes copyright cases over the internet, so that I can sue them without having to go to the US?

rymus

if you give me a 110% cut of the profits I'll go to the US and fight your case for you...

Dades

mdebets wrote: »

Does anyone know any no win no few lawyer in the US who takes copyright cases over the internet, so that I can sue them without having to go to the US?

Just caught up with this thread.

It's good that they removed the image, but don't you think you might be taking it a little to far? It not as if Microsoft used the pic to advertise their new operating system. At any rate, on the legal side of things my opinion is you have little or no chance of getting compensation.

Speaking as someone with a law degree, who has been party to a legal wrangle with a US internet company!

Star Lord

mdebets wrote: »

Just a little update on this.
I send them an invoice over 1000$.
They now removed the image don't want however pay the money. They send me the following email



So they basically admitted to stealing it.
I gave them until the end of the month to pay.
Does anyone know any no win no few lawyer in the US who takes copyright cases over the internet, so that I can sue them without having to go to the US?

They admitted the picture must have originally come from your page as you're the photographer, but as they have complied with your request to remove it when you contacted them/made them aware of it, I don't think you've any chance of getting anything from this.

Cabaal

DamoElDiablo wrote: »

They admitted the picture must have originally come from your page as you're the photographer, but as they have complied with your request to remove it when you contacted them/made them aware of it, I don't think you've any chance of getting anything from this.

I'd have to agree, however there remarks are just stupid, as a company they shouldn't be using a photo when they are unsure about its copyright,

mdebets

Dades wrote: »

Just caught up with this thread.

It's good that they removed the image, but don't you think you might be taking it a little to far? It not as if Microsoft used the pic to advertise their new operating system. At any rate, on the legal side of things my opinion is you have little or no chance of getting compensation.

Speaking as someone with a law degree, who has been party to a legal wrangle with a US internet company!

I agree with you, that I probably won't get something and I would have let it go, if they would have apologized. However the BS they are feeding me and especially their web-page, where they have a whole section about laws (ok, in regards to using police badges, but nevertheless) and how you should uphold it, makes me want to pursue it further.

mdebets

DamoElDiablo wrote: »

They admitted the picture must have originally come from your page as you're the photographer, but as they have complied with your request to remove it when you contacted them/made them aware of it, I don't think you've any chance of getting anything from this.

I didn't ask them to remove it, I even allowed them to use it further, if they would pay me for it.

Dades

mdebets wrote: »

they have a whole section about laws (ok, in regards to using police badges, but nevertheless) and how you should uphold it, makes me want to pursue it further.

Ha - I saw that! Ironic indeed.
The process will only wear you down however. But they could at least send you a free cop badge!

Star Lord

Also given that they used it as the placeholder image as opposed to selling your image, and that the site seems very amateurish I doubt they could afford to pay you for the image at all, let alone pay you over $1000 for it.

the_syco

mdebets, if you want to have fun...

Some photo programs, if you open the replacement photo with them, will have the info of when it was taken, by who, etc. Forget the program off hand, but one of the lads or ladies here may know of it. If it gives the name, etc, check if they've given their permission...:D

rymus

any EXIF reader will do that... unless the image thief was a bit on the smartypants side and modified the exif data before displaying the thiefified image

Fenster

Anyone with a website so bad deserves to be sued for copyright infringement.

You could always register your work here, then ''discover'' infringement and in turn sue them.

AnCatDubh

Completely off topic - but Happy Birthday mdebets

City-Exile

mdebets wrote: »

They even went so far as changing the photo (removing a car in the background).

Did I read that if someone takes an image, which is copyright protected, & alters it sufficiently, it is no longer the same image & therefore the copyright no longer applies?

If I were you, I drop this, before you end up seriously out of pocket.

P.

Samson

It might be a bit mickey mouse for them, but try sending an explanatory email off to this crowd:
http://www.artlaws.com/
they may be able to get you a few bob, less about a third for their cut.

Fenster

More directly, you might send a DMCA (Digital Millennium Copyright Act) takedown notice to their ISP. Here's some relevant information:

The site is administered by one Victor Klein:

Executive Resources Group (B16200-OR) victorklein@execgroup.net
5385 Broadwater Lane
CLARKSVILLE, MD 21029-1119
US
410-531-9274 fax: 410-531-3814

The site in turn is hosted by Network Solutions. They have a DMCA contact here. And lastly there's an easy to follow DMCA takedown HOWTO on the web here.

If it were me I wound send notices to both Network Solutions and Victor Klein - if nothing else it would get their attention.

Frankiestylee

Their tone of voice was a bit cheeky in their reply... I mean, they're nearly saying it's your fault for not putting a copyright notice on the photo.