If you are in the US (I don't know anything other countries) your images are copyrighted when you take them. But in most cases, if someone like this steals your image and uses it without your permission, there is very little you can do to force compensation... unles you are rich, a lawyer able to deal in IP issues or have your images registered.
If you had your image registered, you could send them a bill for usage and good chances are they would pay as well as take it down or give you credit, depending on what you want.
The reason you have so much clout when you have your images registered is because if someone infringes on you and you take them to court and win, they get to pay all court costs and legal fees for both of you. And that's on top of any judgement or award. And if you can so it was willful infringement (they took off your copyright, couldn't have gotten the image without knowning it was copyrighted by you or several other ways) then you don't even have to prove damages to get from $750 up to $30,000 per incidence of infringement.
And it works. I just got my 3rd check out of 4 cases (a very big one) from someone that thought they could steal my images and use them as their own. On this last case, I had to actually have her hosting site shut her web site down (I love the Digital Millenium Copyright Act) and have a lawyer send a letter to get her to see I was serious, but she paid. Over the last 3 years, I've made a lot more money from copyright infringements than I have selling my images. It's paid for most of my 1DMKII and 4 "L" lenses plus a few other things in theprocess. And had I had my images registered when I was infringed on the first time, I'd be even better off.
I'm a big advacate of registering your images here in the US. Mostly it gives you some clout to protect your copyright. But it sure pays off better than the lottery. :D
If they won't take the image down, find out who their hosting site is and send a letter as outlined by the DMCA (goodle DMCA). They WILL complie in taking it down or blocking the site as that is the only way to completely remove them from any liability should it go to court. It doesn't cost anything and a individual can send it, you don't need a lawyer. I have used it with Earth.net and they were quick to take down the whole web site when I sent them the letter about the infringement by one of their users. They let me e-mail them the letter but I followed up with a snail mail copy.
If you are in the US (I don't know anything other countries) your images are copyrighted when you take them. But in most cases, if someone like this steals your image and uses it without your permission, there is very little you can do to force compensation... unles you are rich, a lawyer able to deal in IP issues or have your images registered.
If you had your image registered, you could send them a bill for usage and good chances are they would pay as well as take it down or give you credit, depending on what you want.
The reason you have so much clout when you have your images registered is because if someone infringes on you and you take them to court and win, they get to pay all court costs and legal fees for both of you. And that's on top of any judgement or award. And if you can so it was willful infringement (they took off your copyright, couldn't have gotten the image without knowning it was copyrighted by you or several other ways) then you don't even have to prove damages to get from $750 up to $30,000 per incidence of infringement.
And it works. I just got my 3rd check out of 4 cases (a very big one) from someone that thought they could steal my images and use them as their own. On this last case, I had to actually have her hosting site shut her web site down (I love the Digital Millenium Copyright Act) and have a lawyer send a letter to get her to see I was serious, but she paid. Over the last 3 years, I've made a lot more money from copyright infringements than I have selling my images. It's paid for most of my 1DMKII and 4 "L" lenses plus a few other things in theprocess. And had I had my images registered when I was infringed on the first time, I'd be even better off.
I'm a big advacate of registering your images here in the US. Mostly it gives you some clout to protect your copyright. But it sure pays off better than the lottery. :D
If they won't take the image down, find out who their hosting site is and send a letter as outlined by the DMCA (goodle DMCA). They WILL complie in taking it down or blocking the site as that is the only way to completely remove them from any liability should it go to court. It doesn't cost anything and a individual can send it, you don't need a lawyer. I have used it with Earth.net and they were quick to take down the whole web site when I sent them the letter about the infringement by one of their users. They let me e-mail them the letter but I followed up with a snail mail copy.
Mike
I sent mails to Break.com and to their hosting site. I even registered with Break.com in order to post a comment on the image being stolen underneath the image, but as far as I can see, nothing's happened yet.
I'll give it another couple of hours and then write to their hosting service //www.rackspace.com/ again.
I sent them a message too telling them that I was p'd off that they would post copyrighted material as their own. I told them to remove it. I figure if enough do this maybe it will have an effect or at least be a pain in their butt.
That sucks.
GOod thing my photos are not good enough to steal!
I think because Rackspace is so big, they actually might listen to you more. They have to cover their butt because they have deep pockets.
I sent them a message too telling them that I was p'd off that they would post copyrighted material as their own. I told them to remove it. I figure if enough do this maybe it will have an effect or at least be a pain in their butt.
That sucks.
GOod thing my photos are not good enough to steal!
I think because Rackspace is so big, they actually might listen to you more. They have to cover their butt because they have deep pockets.
Hey, thanks for sending them a message, I really appreciate that. Can't tell you how pi**ed off this has made me. I've written and written to them and their host site quite a few times today. Hope it helps too.
Hey, thanks for sending them a message, I really appreciate that. Can't tell you how pi**ed off this has made me. I've written and written to them and their host site quite a few times today. Hope it helps too.
Irene
I know you are upset and justifiably so, but please remember it is the weekend and sometimes things just seem to go slower on Saturday and Sunday. Their workforce may be reduced or non-existent until Monday
Hey, thanks for sending them a message, I really appreciate that. Can't tell you how pi**ed off this has made me. I've written and written to them and their host site quite a few times today. Hope it helps too.
Irene
I know you are upset and justifiably so, but please remember it is the weekend and sometimes things just seem to go slower on Saturday and Sunday. Their workforce may be reduced or non-existent until Monday
I was thinking the same thing. Of course issues like this should get their top priority. But if they're not expecting trouble, they may not have noticed that it's there waiting for them.
Hey, thanks for sending them a message, I really appreciate that. Can't tell you how pi**ed off this has made me. I've written and written to them and their host site quite a few times today. Hope it helps too.
Irene
I know you are upset and justifiably so, but please remember it is the weekend and sometimes things just seem to go slower on Saturday and Sunday. Their workforce may be reduced or non-existent until Monday
I was thinking the same thing. Of course issues like this should get their top priority. But if they're not expecting trouble, they may not have noticed that it's there waiting for them.
Gina and Karma,
Thanks, I didn't think of that.
I'll try and keep the steam coming out of my ears till Monday ;-)
Any chance you would have time to start a thread or write a tutorial on the how to register images in the United States?
Thanks,
~Terry
Wouldn't mind seeing a thread on this myself. Looks like you could register all your images once a year on a single application and save a ton of money. Even 4 times a year wouldn't be too much. If everyone here were to do that I bet it'd have a dramatic effect on photo theft in a year or two. Might make ya more money than micro stock for a while. You could tailor your charges according to pockets.
As I mentioned before, I bet they take photos from all over the web and use them until the copyright owners find out and ask them to remove them.
I ran across this one, but I don't know who took it - probably not a DPCer: This is my cousin, Stu. He's a village burner also, but he is a little quirkier than me.
