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02/03/2007 09:00:26 AM · #26 |
I'd love to hear their response too...
(hope you nail the bastards responsible!) |
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02/03/2007 10:12:00 AM · #27 |
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
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02/03/2007 10:16:38 AM · #28 |
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02/03/2007 10:16:55 AM · #29 |
Mike,
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
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02/03/2007 10:22:44 AM · #30 |
Originally posted by MikeJ: 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.
Irene
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02/03/2007 11:13:55 AM · #31 |
rackspace is a huge hosting company. you will need to rattle a lot of chains to be heard. good luck! |
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02/03/2007 11:15:18 AM · #32 |
Originally posted by muckpond: rackspace is a huge hosting company. you will need to rattle a lot of chains to be heard. good luck! |
Heh or walk through the door holding a chain! |
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02/03/2007 12:31:03 PM · #33 |
One question about registration, do you need to send the processed version, or would an original JPEG suffice?
I like to rework my pictures and wonder if I would need to re-register (an expensive proposition) each final version I would come up with. |
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02/03/2007 12:39:41 PM · #34 |
Originally posted by rainmotorsports: Originally posted by muckpond: rackspace is a huge hosting company. you will need to rattle a lot of chains to be heard. good luck! |
Heh or walk through the door holding a chain! |
;-) ....or take Ken along with me and burn their damn villages to the ground....
Time for a little chain rattling here, I think.
Irene
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02/03/2007 12:44:05 PM · #35 |
Originally posted by DrAchoo: One question about registration, do you need to send the processed version, or would an original JPEG suffice?
I like to rework my pictures and wonder if I would need to re-register (an expensive proposition) each final version I would come up with. |
Took me a minute, but you are talking about copyright registration, right? |
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02/03/2007 12:51:01 PM · #36 |
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.
Message edited by author 2007-02-03 12:53:13. |
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02/03/2007 12:52:05 PM · #37 |
Originally posted by IreneM: Originally posted by Little King: Milk Drop
Someone may care |
I care! I did not submit this to Break.com.
What can I do about this? Can anyone help?
Thanks,
Irene |
I sent them a message as soon as I saw it yesterday and linked them to the original here.
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02/03/2007 12:58:42 PM · #38 |
Originally posted by ClubJuggle: Mike,
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 |
Terry, I've already written a tutorial. I need to add the part about the DMCA and how to use it, but here is what I have already:
//www.sitnprettyphoto.com/display/copyrightinfo.html
I'd be glad to start a thread on this. Which area should it go in?
Mike
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02/03/2007 01:00:39 PM · #39 |
Originally posted by boomtap: 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.
Irene
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02/03/2007 01:02:38 PM · #40 |
Originally posted by BradP: Originally posted by IreneM: Originally posted by Little King: Milk Drop
Someone may care |
I care! I did not submit this to Break.com.
What can I do about this? Can anyone help?
Thanks,
Irene |
I sent them a message as soon as I saw it yesterday and linked them to the original here. |
Hey, Brad. Thanks a lot to you too. And to everyone here who have been so helpful. It's one of the great things about being on this site.
Irene
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02/03/2007 01:25:43 PM · #41 |
Originally posted by IreneM:
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 |
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02/03/2007 01:41:05 PM · #42 |
Originally posted by karmat: Originally posted by IreneM:
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.
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02/03/2007 01:50:35 PM · #43 |
:-)
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02/03/2007 01:51:08 PM · #44 |
Originally posted by GinaRothfels: Originally posted by karmat: Originally posted by IreneM:
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 ;-)
Have a good weekend.
Irene
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02/03/2007 01:57:31 PM · #45 |
Oopsie, seems I started some controversy over there. :P
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02/03/2007 02:15:14 PM · #46 |
Originally posted by idnic: Oopsie, seems I started some controversy over there. :P |
are you idtographer? |
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02/03/2007 02:19:29 PM · #47 |
Originally posted by ClubJuggle: Mike,
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.
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02/03/2007 02:29:48 PM · #48 |
Originally posted by Elvis_L: Originally posted by idnic: Oopsie, seems I started some controversy over there. :P |
are you idtographer? |
This should get to be interesting :-)
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02/03/2007 02:36:09 PM · #49 |
Originally posted by Elvis_L: Originally posted by idnic: Oopsie, seems I started some controversy over there. :P |
are you idtographer? |
Yeah. (sorry had to dash out for a few.)
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02/03/2007 02:53:12 PM · #50 |
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. |
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