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Old 10-19-2010, 01:57 PM
5 posts, read 18,465 times
Reputation: 18


So a year or two ago I found some of my photo's on this site

Removed - sorry, you need an established posting history here before posting any links - just go with the topic as described.

I contacted them several times to take the photo's down. The owner told me he would and apologized supposedly an intern just grabbed the images off the net and posted them up. I contacted a lawyer and he told me I would have to prove in court how much the photo's were worth which is not easy and said it might not be worth it to bring them to court. This site as do many many other sites just grab random pictures they know will generate traffic to their site and don't pay for them. They sell ad space, and make a lot of money. My questions is how does a site like this get away with it?

Last edited by atlantagreg30127; 10-19-2010 at 11:19 PM..
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Old 10-19-2010, 02:44 PM
Location: on top of a mountain
6,994 posts, read 12,723,523 times
Reputation: 3286
Originally Posted by Freeport516 View Post
So a year or two ago I found some of my photo's on this site

My questions is how does a site like this get away with it?
Because they can...will always...it is up to you to copy right protect your work, watermark or post low resolutions so it cannot be copied....with millions of people posting their photos on the web it is so easy for anyone to grab a photo and use it. sorry it happened to you. unless you can prove thru copyright filing documentation anyone can get away with what they just did. An if you don't want to pay to copyright then at least make it as difficult as possible through suggestions listed.
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Old 10-20-2010, 12:00 AM
41,813 posts, read 51,013,085 times
Reputation: 17864
If you find your images on someones website the best thing to do is send them a email requesting they remove it. If that gets no response do a whois search to find out who is hosting the domain. Contacting the host will usually resolve these problems immediately, if you get no satisfaction from the host follow up with DMCA notice to the host. This is different than sending them simple request for removal because now they are liable if the offending material is not removed.

The DMCA is a powerful tool for the little guy but use it wisely, be sure you can establish that the image is in fact yours because you can find yourself on the other end of a lawsuit.

Originally Posted by blueflames50 View Post
. An if you don't want to pay to copyright then at least make it as difficult as possible through suggestions listed.
You don't have to pay anyone to copyright, as soon as you create an original work it's copyrighted. Registration with the copyright office is optional and does not provide proof of ownership, nor does it provide any more or less protection under the law.

What it does provide is the potential for a larger lawsuit if it's registered before the infringement, you will also have to register it before filing suit.


Copyright Registration
In general, copyright registration is a legal formality intended
to make a public record of the basic facts of a particular copy*
right. However, registration is not a condition of copyright
protection. Even though registration is not a requirement for
protection, the copyright law provides several inducements
or advantages to encourage copyright owners to make regis*
tration. Among these advantages are the following:
• Registration establishes a public record of the copyright
• Before an infringement suit may be filed in court,
regis*tration is necessary for works of U. S. origin.
• If made before or within five years of publication, regis*
tration will establish prima facie evidence in court of
the validity of the copyright and of the facts stated in
the certificate.
• If registration is made within three months after publica*
tion of the work or prior to an infringement of the work,
statutory damages and attorney’s fees will be available to
the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the
copyright owner.
• Registration allows the owner of the copyright to record
the registration with the U. S. Customs Service for pro*
tection against the importation of infringing copies. For
additional information, go to the U. S. Customs and
Border Protection website at www.cbp.gov/xp/cgov/import (http://www.cbp.gov/xp/cgov/import - broken link).
Click on “Intellectual Property Rights.”
Registration may be made at any time within the life of
the copyright. Unlike the law before 1978, when a work has
been registered in unpublished form, it is not necessary to
make another registration when the work becomes published,
although the copyright owner may register the published
edition, if desired.

Last edited by thecoalman; 10-20-2010 at 12:49 AM..
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Old 10-20-2010, 01:48 AM
106,547 posts, read 108,667,917 times
Reputation: 80053
you beat me to it, i was going to say the same thing about it already being copyrighted whether you watermark ,register it or not . only what you can sue for changes if you officially file
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