Copyright Takedown of a "Redone" Image

worc

I've previously had to send a few DMCA take down notices through Google to have content from a site I run taken down but that was for content that was literally taken verbatim from my site.

I've found a site that has taken an image from my site that is used to explain a certain concept, and they have basically redone the image in their own style and changed one or two words. An example of a wording change is from "take" to "seize"....so in reality they've thesaurus'd a few words but in essence it is the same.

Can I make the same DMCA on the site or am I out of luck given they have "redone" the image - they technically have not taken the image I had on the site so they aren't using "my" image but in effect they are...

They haven't given a source from where they got the image "idea" from either...which I might have been more OK about. It's on one of those "Hubpages" and there is no direct contact details of the author - I went to file a copyright claim on the Hubpage but it's got a nice warning of "Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights."

Feathers

worc wrote: »

I've previously had to send a few DMCA take down notices through Google to have content from a site I run taken down but that was for content that was literally taken verbatim from my site.

I've found a site that has taken an image from my site that is used to explain a certain concept, and they have basically redone the image in their own style and changed one or two words. An example of a wording change is from "take" to "seize"....so in reality they've thesaurus'd a few words but in essence it is the same.

Can I make the same DMCA on the site or am I out of luck given they have "redone" the image - they technically have not taken the image I had on the site so they aren't using "my" image but in effect they are...

They haven't given a source from where they got the image "idea" from either...which I might have been more OK about. It's on one of those "Hubpages" and there is no direct contact details of the author - I went to file a copyright claim on the Hubpage but it's got a nice warning of "Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights."

Depends on what you mean by 'redone', to be honest. If you mean you've created an image from scratch that they've done a "Save as…", into Photoshop & airbrushed out your text & change the font — yeah, you probably have a case for it, if you can prove yours predates theirs.

If you mean you came up with a nice info-graphic (like representing the water-cycle, or something) & they thought, "that's a good idea" & made their own version from scratch, but in a similar vein, might be a bit harder & more trouble than it's worth.

worc

Feathers wrote: »

Depends on what you mean by 'redone', to be honest. If you mean you've created an image from scratch that they've done a "Save as…", into Photoshop & airbrushed out your text & change the font — yeah, you probably have a case for it, if you can prove yours predates theirs.

If you mean you came up with a nice info-graphic (like representing the water-cycle, or something) & they thought, "that's a good idea" & made their own version from scratch, but in a similar vein, might be a bit harder & more trouble than it's worth.

Nah it isn't a "Save as..." job. If it was it would definitely be a DMCA as I've had to do a few of them already with that.

It's more along the lines of your infographic example, but imagine their infographic has put all the parts of my infographic in the exact same places and the textual content is about 98% identical to mine... It's like they just traced my inforgraphic (though it's not an infographic) and just used their own colours and changed my circular text boxes to square ones.

My main reason for being annoyed with this is they have ads on their site so are generating revenue from what is in effect my image, or at least from my perspective it's mine... I know it's not like they're making a living off my image but it's the principle...

Feathers

worc wrote: »

Nah it isn't a "Save as..." job. If it was it would definitely be a DMCA as I've had to do a few of them already with that.

It's more along the lines of your infographic example, but imagine their infographic has put all the parts of my infographic in the exact same places and the textual content is about 98% identical to mine... It's like they just traced my inforgraphic (though it's not an infographic) and just used their own colours and changed my circular text boxes to square ones.

My main reason for being annoyed with this is they have ads on their site so are generating revenue from what is in effect my image, or at least from my perspective it's mine... I know it's not like they're making a living off my image but it's the principle...

Ah OK, still your IP as you say, if it's fairly unique. I'd be inclined to think that their legal warning is the equivalent of "No refunds" signs in dodgy shops — just a scare tactic & probably a sign that they're ripping people off. Couldn't imagine any major internet business having to list warnings about people suing them for IP.