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Copyright - Someone stole my images.....

greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
edited February 19, 2007 in Mind Your Own Business
Hello All,
As my title reads someone stole my images and are using them on their web site without credit to GDI ... well the ripped ones with my watermark too.. ahahhaha... Some are placed on the site so it actually looks like a different photographer "owns" them. Oh and the images look really really bad!

I called this person and stated to them all my images must be removed within 24 hours or a lawyer will contact her. She stated that images that can be copied from the internet are fair game... this is in email as well from her. So my point of seeking help is I'm in Charlotte N.C. and would like to know if anyone knows a simple solution to this matter or a good lawyers name.

I have "Saved" this information (her website) several ways including a website ripper, archived and I printed each page for my records... I have prepared a firm email including copyright information that I would love to send but know I must back away right now and not feed into her ignorance of the copyright laws... So if anyone has any suggestions I'm ready to hear them....

A big thank you in advance for your time and information.

Erin L. Hubbs
greendoorimage@aol.com
Erin L. Hubbs
Greendoor Imaging
"My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    DifferentSeedDifferentSeed Registered Users Posts: 79 Big grins
    edited February 16, 2007
    Hi Erin,

    Check out LawGirl at: http://www.lawgirl.com/ for information on copyrights and other Internet related law info. Any lawyer should be able to handle this fairly easy as it sounds like a simple case of theft that is feuled by ignorance and with a bit of arrogance thrown in on the part of the thief.

    Good luck. :)
    Make a small loan, Make a big difference. Find out how at http://www.kiva.org
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    RogersDARogersDA Registered Users Posts: 3,502 Major grins
    edited February 16, 2007
    She stated that images that can be copied from the internet are fair game... this is in email as well from her.
    Oh the ignorance......

    Contact her ISP/web hosting service and inform them of the copyright violation. Provide copies of emails, pages, etc.

    Also, many IP lawyers will draft a cease and desist letter to an alleged violator for relatively low cost. That should wake her up to the realities of Title 17 United States Code (USC). There are, however, several steps to take prior ro actually taking legal action; e.g., suing. Furthermore, if you need, 17 USC 505 allows for possible recovery of your attorny fees from the alleged violator, too.
    David
    GreyLeaf PhotoGraphy
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    Thank you,
    I have reviewed the 1988 copyright law thinking I must have missed something prior to posting. So thank you for the advise and I shall seek legal action if my images are not removed. I'm just in shock with her attitude of "Well they are free" and "your images don't make or break my website" ... well if over 75% of my images are on her site I would say ... YEAH THEY DO.....

    So again thanks
    :D

    Erin
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    Wow I did check her hosting site and considered contacting them so I'm on the right track... You guys are great! I will also look into the additional law information. This is so helpful!


    Erin :)
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    RhuarcRhuarc Registered Users Posts: 1,464 Major grins
    edited February 16, 2007
    Please keep us updated on what happens with this. While I'ver never had this happen, it can never hurt to learn from how other people handle these things. Hope it all turns out ok!
    Photos | Blog | Twitter | Gear
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    RogersDARogersDA Registered Users Posts: 3,502 Major grins
    edited February 16, 2007
    greendoor imaging wrote:
    Wow I did check her hosting site and considered contacting them so I'm on the right track... You guys are great! I will also look into the additional law information. This is so helpful!


    Erin :)
    Just so you know Title 17 has been significantly updated since 1988. I have my 2003 copy and I'm not certain at this time that it is the most current.

    Also, keep reality in check here. The costs for legal action may well exceed the costs for recovery. Especially if there no actual damages or monetary losses and/or she is a 14 year-old with no resources. For example, you aren't selling the pictures she copied so how will there be a financial loss to you? I am not an IP lawyer, but a consultation with one can be worthwhile. My guess is that a cease and desist letter will suffice. Recovery of attorney fees is not guaranteed. Now, if she is making money with the assistance of having your images.....that can be another matter.
    David
    GreyLeaf PhotoGraphy
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    Oh great to know the law has been updated ...

    And yes I know the lawyer fee would be out of this world BUT.... I simply don't care and really It's based on principal. I want to bring her down. Especially when she is saying its bad business for me to call her when the images (watermarked/ripped) are free. Oh My God! I can't walk into a museum and just take art of the wall ... Anyway

    Thank you again and I will let you all know how this turns out.

    Erin
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    RogersDA wrote:
    Now, if she is making money with the assistance of having your images.....that can be another matter.

    As a matter of fact she is a wedding planner and the first images you see on her site are mine, my images are on every page except one. So the way I see it she is making my work her signature image. I failed to mention she ripped images from a event she had nothing to do with..... and posted my image under a photographers name and information... ahhhhhh

    Ok so I will stop posting until I have more info... Again thank you! I just love Smugmug...
    Erin
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    David_S85David_S85 Administrators Posts: 13,191 moderator
    edited February 16, 2007
    Did she copy the photos, rename them and is storing them on her site or has she linked to your photos?
    My Smugmug
    "You miss 100% of the shots you don't take" - Wayne Gretzky
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    LuckyBobLuckyBob Registered Users Posts: 273 Major grins
    edited February 16, 2007
    Most webhosts will take immediate action provided they're supplied with proof. If you head over to http://www.networksolutions.com/whois and plug in her website address, you can find out quite a bit of info about who owns it. In particular, you can click on the ARIN & RIPE search near the bottom of the page, which will tell you (the vast majority of the time) who owns the network hosting the site. I've had quite a bit of luck going over the person's head and contacting either the host or the upstream provider.
    LuckyBob • Gallery • "You are correct, sir!"
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    David_S85 wrote:
    Did she copy the photos, rename them and is storing them on her site or has she linked to your photos?

    Copy - Yes, some have my smugmug watermark (ripped)
    Rename - Kinda of she called the something like "Dance" All my images are numbered
    Linked - No

    They look pretty bad on her site also one image is listed under a photographers name and actually when you "click" the link to another photographer she has listed it pops back to the top of the page to my cake image. I know this sounds like I'm crying over here... But I'm just angry.

    I took some advise and contacted her web hosting people Hopefully that will help...
    Erin
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    RhuarcRhuarc Registered Users Posts: 1,464 Major grins
    edited February 16, 2007
    Maybe I just missed it, but did you ever post the offending website address, or if you would rather not post I understand. Hopefully you will hear back some good news from the hosting company.
    Photos | Blog | Twitter | Gear
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    Rhuarc wrote:
    Maybe I just missed it, but did you ever post the offending website address, or if you would rather not post I understand. Hopefully you will hear back some good news from the hosting company.


    Ok so I'm torn would it be bad business to say who she is while I'm trashing her and hoping to have her site removed.
    Unfortunately I still believe in integrity... I'm simply that girl who returns the lost wallet ... yes the contents too.

    Erin
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    David_S85David_S85 Administrators Posts: 13,191 moderator
    edited February 16, 2007
    greendoor imaging wrote:
    Ok so I'm torn would it be bad business to say who she is while I'm trashing her and hoping to have her site removed.
    Erin

    Don't post the URL here unless Andy says its OK. I lean in the direction of "no."
    My Smugmug
    "You miss 100% of the shots you don't take" - Wayne Gretzky
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    gusgus Registered Users Posts: 16,209 Major grins
    edited February 16, 2007
    David_S85 wrote:
    Don't post the URL here unless Andy says its OK. I lean in the direction of "no."
    Ditto !!
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    ChrisRabiorChrisRabior Registered Users Posts: 22 Big grins
    edited February 16, 2007
    I would bet that the webpage owner is operating under the pretense that using images found on the web for 'personal use' is ok, and somehow construed that to include jacking your images.

    It's a business website, and not only is she using the images without permission, she's crediting them to another photographer. Giving notice to her ISP about this should be a pretty quick way to get the images removed or her site shut down.

    Key step: Make sure you have your images registerred with the copyright office. While certain damages are covered regardless of the registration, you won't be able to include attorney fees unless the images are on file with the copyright office.

    You can also find a number of "Cease and Desist" sample letters through google. Considering that this is the first step towards a lawsuit, I would probably spring for the minor costs of having a lawyer draft it for you.
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    zephyrzarzephyrzar Registered Users Posts: 6 Beginner grinner
    edited February 16, 2007
    Copyright and how to's
    I was wondering and hopefully someone in this thread can answer, is there a way to put a copyright on the photos that I have in smugmug? Also, how do you add the name to your photos, I have heard the term watermark. Excuse me for asking...very new to all this ( a totaly newbie ), just trying to see what I need to do to my photos. Not that anyone would actually want them but just in case. ne_nau.gifI figure since this being the topic I could ask here.
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    Ok so here is the process so far
    I have to snail mail the information including a signed document outlining the problem to her Global Internet Solutions (her people...they are so nice). It may take two weeks or a month for them to "Slap" her on the wrist. But they will. This company has a 3 strike rule. At that point they will remove her site. Keep in mind she can go else where... so I have to track her I guess for life....
    OR
    Hire a Lawyer to send a letter

    HOW TO LEARN FROM MY MISTAKE!!!!
    deal.gif
    When posting images in a "locked/password" protected gallery
    1. Don't use a simple name .... Yes I used my client (brother) name...
    2. ALWAYS use right click protection.
    3. Don't ASSUME someone will not pick you lock and walk into your "house" and steel the art off your walls.
    4. Don't be me!

    Again thank you to the Smugmug users for your support. What a great community we have! Smugmug is the best!

    Erin
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    ChuckWCChuckWC Registered Users Posts: 51 Big grins
    edited February 16, 2007
    Just curious: how did you happen to notice this person's website in the first place? (i.e., did you just stumble upon it? did a friend call your attention to your stolen images?)

    One thing I've wondered about is if someone were to steal my images, how would I ever know? (especially if they're not linking back to my site, but simply reloaded my images to their servers). headscratch.gif
    Chuck


    CWC Photography: “Painting pictures with cameras.” • Nature & Animals • Around the World • New York City • Miscellaneous • Sunsets • Central Park
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    mwgricemwgrice Registered Users Posts: 383 Major grins
    edited February 16, 2007
    ChuckWC wrote:
    Just curious: how did you happen to notice this person's website in the first place? (i.e., did you just stumble upon it? did a friend call your attention to your stolen images?)

    One thing I've wondered about is if someone were to steal my images, how would I ever know? (especially if they're not linking back to my site, but simply reloaded my images to their servers). headscratch.gif

    You probably wouldn't, unless you or someone who knows your work runs into them by accident. Depends on who steals them and what they do with them.
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 16, 2007
    mwgrice wrote:
    You probably wouldn't, unless you or someone who knows your work runs into them by accident. Depends on who steals them and what they do with them.

    Hello,
    I was simply checking my "keywords" making sure my name is where is should be. Meaning a "vanity" search (web&image). As a wedding photographer I'm on several random sites and thought it was time to check in and update my information if needed. I looked at a site address I did not know and then Ahhh hahahaha my images.

    so read below learn from my mistakes and if you have time to kill "vanity search..
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    urbanariesurbanaries Registered Users Posts: 2,690 Major grins
    edited February 16, 2007
    thanks for posting, greendoor, its been very educational to watch your thread.

    i know you can't post the offendor's website, but i'm curious to see your work!

    promise, I won't be stealing any images rolleyes1.gif

    lynne
    Canon 5D MkI
    50mm 1.4, 85mm 1.8, 24-70 2.8L, 35mm 1.4L, 135mm f2L
    ST-E2 Transmitter + (3) 580 EXII + radio poppers
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    RogersDARogersDA Registered Users Posts: 3,502 Major grins
    edited February 16, 2007
    urbanaries wrote:
    thanks for posting, greendoor, its been very educational to watch your thread.

    i know you can't post the offendor's website, but i'm curious to see your work!

    promise, I won't be stealing any images rolleyes1.gif

    lynne
    Check her dgrin profile for her smugmug link
    David
    GreyLeaf PhotoGraphy
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    BSleumanBSleuman Registered Users Posts: 18 Big grins
    edited February 17, 2007
    Everytime this topic comes up we all ask the same questions. Here is a site that I've found helpful,

    Carolyn E. Wright, Esq.
    www.photoattorney.com

    Hope this helps. Keep us posted as to how you make out.
    Buck Sleuman
    www.huntandrelease.com
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    jchinjchin Registered Users Posts: 713 Major grins
    edited February 17, 2007
    (just tagging this thread) ... I am curious as to what everyone's input is on this. Thanks and keep posting.
    Johnny J. Chin ~ J. Chin Photography
    Facebook ♦ Flickr ♦ SmugMug
    SmugMug referral coupon code: ix3uDyfBU6xXs
    (use this for a discount off your SmugMug subscription)
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    greendoor imaginggreendoor imaging Registered Users Posts: 32 Big grins
    edited February 17, 2007
    Success!
    jchin wrote:
    (just tagging this thread) ... I am curious as to what everyone's input is on this. Thanks and keep posting.

    Hello All,
    We have success! She has removed all the "ripped" images. A few threats ..contacting ISP owner, BBB & legal action.

    I would like to thank everyone for the support and direction bowdown.gif . I really believe without your help I would be sleepless again.

    Erin
    clap.gifrolleyes1.gifclap.gifrolleyes1.gif
    Erin L. Hubbs
    Greendoor Imaging
    "My portraits are more about me than they are about the people I photograph. ~Richard Avedon"
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    David_S85David_S85 Administrators Posts: 13,191 moderator
    edited February 18, 2007
    Fantastic! thumb.gif
    My Smugmug
    "You miss 100% of the shots you don't take" - Wayne Gretzky
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    RhuarcRhuarc Registered Users Posts: 1,464 Major grins
    edited February 18, 2007
    Did she contact you in anyway or did she just take the pictures down?
    Photos | Blog | Twitter | Gear
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    gluwatergluwater Registered Users Posts: 3,599 Major grins
    edited February 18, 2007
    BSleuman wrote:
    Everytime this topic comes up we all ask the same questions. Here is a site that I've found helpful,

    Carolyn E. Wright, Esq.
    www.photoattorney.com

    Hope this helps. Keep us posted as to how you make out.
    Great site, Carolyn posts on another board and is very helpful. She also just put out a book called the Photographer's Legal Guide.
    Nick
    SmugMug Technical Account Manager
    Travel = good. Woo, shooting!
    nickwphoto
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    bsvirginianbsvirginian Registered Users Posts: 241 Major grins
    edited February 18, 2007
    headscratch.gif Do ya think you'll get any wedding referrals from her?wings.gif Great post and great replies. BS:D
    greendoor imaging wrote:
    Hello All,
    We have success! She has removed all the "ripped" images. A few threats ..contacting ISP owner, BBB & legal action.

    I would like to thank everyone for the support and direction bowdown.gif . I really believe without your help I would be sleepless again.

    Erin
    clap.gifrolleyes1.gifclap.gifrolleyes1.gif
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