Copyright issues

[Barry Goggin]

I don't want to start a legal discussion but I am wondering how you handle images being copied on the web.
Do you just resign yourself to the idea that this is what happens if you post images on the web or do you file DMCA notices?

The reason I bring it up is that I let it go for a while but tonight I had enough and filed my first DMCA notice. I also filed a complaint with the company providing ads for the website since canceling the ad account would remove the incentive to violate copyright.

I have tried watermarks and copyright notices without effect unless I spoil the image or post so small that no one can critique it.

I know I am venting but I am genuinely interested in what strategy you use (without the specifics of course)

thanks

Barry

[Doug West]

The first thing I did was sign up as a beta test for copyright.gov and copyrighted my
photos online. This way if anyone would steal my image, I'd have a good legal background
to sue for damages.

Putting a watermark/copyright on your photo really is a waste of time. In this age,
its pretty easy to photoshop that stuff out.

If someone is hot linking to your photographs, a good old trick is to replace that
photograph with something else.

Also, its sad, but true, but some people don't even realize what they're doing is
wrong. Some times it takes a simple email/letter asking for the photo to be taken
down.

Doug

[Barry Goggin]

Thanks Doug. I do register the images I care about so I can sue for damages if necessary on those. All are copyright under US law no matter if they are registered or not but registering makes it easier. My host allows me to turn off hotlinking and I have done that for all of my websites though I like your trick.
The innocent use here or there I am not worried about. The one that got to me was a blatant large scale use and involved a number of photographers images all being deliberately exploited. I know a number of others filed DMCA notices.
I feel better having taken action this time.

[Alfred Forns]

Hi Barry Agree with Doug that is about all you can do We come across some theft once in a while

One is listed here in this gallery A person was stealing images then posting as his own for contest wins !!!

[Michael Pancier]

I don't want to start a legal discussion but I am wondering how you handle images being copied on the web.
Do you just resign yourself to the idea that this is what happens if you post images on the web or do you file DMCA notices?

The reason I bring it up is that I let it go for a while but tonight I had enough and filed my first DMCA notice. I also filed a complaint with the company providing ads for the website since canceling the ad account would remove the incentive to violate copyright.

I have tried watermarks and copyright notices without effect unless I spoil the image or post so small that no one can critique it.

I know I am venting but I am genuinely interested in what strategy you use (without the specifics of course)

thanks

Barry

if they are here in the states I usually get results sending them a cease and desist letter on my letterhead. If they are outside the US, it's a whole new ballgame.

I once found someone using a picture of mine that I lent the Florida Parks System to use on the Florida Parks website being used to market condos in the Keys. My letter worked.:D

[Phil Colla]

Many times I have sent an invoice for past use, and another for continuing (future) use, diplomatically worded and not inflammatory. It often works, sometimes a little phone conversation is needed.

[Kevin Hall]

Adding a watermark / copyright notice to the image is not without it's own merit. Yes, they can be removed easily and once removed clearly demonstrates willful intent to infringe the image. Double that if they went into the image file and changed or wiped out the EXIF data. This becomes a handy tool against the infringer once you are in a settlement or before a judge.

[Barry Goggin]

Thanks for the great ideas. I know its a risk when I post images online. I am going to let the DMCA notice ride and see if it has any effect. If not, I will try one of these ideas.

thanks again

Barry

[Barry Goggin]

Folks, as a followup, the offending website was shut down by the hosting company after a number of photographers including myself filed DMCAs with the host. They have to remove copyright material before the host will reactivate the site. Since all the content was copied, it isn't likely to surface, at least not in the US. Thanks for the suggestions and letting me vent.

Barry

[Richard Kowalski]

One should also be aware of a recent change in US copyright law. All someone has to do is make a "reasonable effort" to find the owner of an image. (Don't ask me what "reasonable effort" means) If after this effort, the owner cannot be found, then the image is considered public domain and may be used. After that it is up to the owner to file DMCAs.

A watermark and EXIF/IPTC data are usually good enough for legitimate people & organizations to find the owner. As for people who clear the data fields and remove watermarks, their intent is obviously to steal the image, so swift legal action is probably a good idea.

[Jim Poor]

The real trouble I have with the change is that all one has to do is claim that they got the image with the data stripped. The person who does the stripping is obviously guilty, but there is no what to prove that a photo wasn't received in one of those chain e-mails with all the owner info already removed, :(

[Richard Kowalski]

I agree this is going to be problematic Jim. I'm not sure of who lobbied Congress for the change, but it shows clearly that no one should ever distribute their original files to anyone, ever. If you have the original uncropped file, it makes it much easier to prove you are the true owner.

[Jim Poor]

Absolutely! That's one of the reasons I changed my download procedure to make dupes of all my raw files. I used to dupe only after culling and editing.

Proving you are the original owner is one thing. Getting damages from an infringer is another, harder issue all together now that someone can easily claim to have been unable to locate the owner. :(

[Kevin Hall]

Take advantage to add watermarks / copyright to your images and don't forget copyright statements and contact info inside the image file. The DMCA makes it illegal to alter or erase such information - to the tune of $2500 - $25,000 in addition to attorney fees and damages. See Carolyn Wright's blog about this statute at the bottom of the page under the subject "Watermarks can be music to your ears" found here:

http://www.photoattorney.com/2007_07_01_photoattorney_archive.html

This applies to any image, registered and unregistered.

[Barry Goggin]

I didnt know about the change in copyright law. Good to know. In this case, the website is up again with all the images they lifted. They moved the server to China. They are using Google Adsense to make money so we filed a DMCA with them. After that, there is not much I can do. Fact of life on the web these days. At least its not an original or full res.

[Jim Poor]

It's good to hacker friends for cases like this ;)

Half kidding of course.

[Barry Goggin]

Jim, you are not the first to joke about that! I just found out through someone else that a major photo website has been copied with links replaced in Poland. Something for the administrators to watch out for as the site grows as I am sure it will.