Forums > General Industry > Online Image protection?

Model

MsEmerald

Posts: 36

Seattle, Washington, US

Im having issues with a certain person(s) stealing and using my images on their site. Whats the best way to go about 'doing sumthing' about it?

Its to the point where its harrassment. even more since Ive had a couple magazines and other 'media' coverage...some of my images that theyve 'altered' are VERY disturbing...

I dont really feel safe, since I did a simple search and found out that one of the persons had recently lived in the same town as me. Its a very small area, but I have no idea who this person is.

How many have hired a lawyer to assist them?

Apr 25 06 02:08 am Link

Photographer

Visual E

Posts: 215

Wellington, Colorado, US

Sorry can't comment on whatto do about the images already stolen. I'm sure others will comment.

But about preventative measures to stop future theft:

1. Make sure the images posted are small and compressed, so quality is not great.
2. Watermark your photos right across the center using your name, embossed.

Embossing won't greatly detract from the image. But there's a lot of work required trying to remove it.  Some sites automatically emboss the images 4 or 5 times.

Apr 25 06 02:57 am Link

Photographer

Dean Johnson

Posts: 263

Minneapolis, Minnesota, US

I think your first course of action would be to notify the photographers that took the stolen photos and tell them about the abuse of copyright.

Apr 25 06 07:20 am Link

Photographer

Lens N Light

Posts: 16341

Bradford, Vermont, US

I've often thought of developing a virus to infect each photo. If the photo is downloaded without the key . . . :-)

But I suspect someone would get pissed off by that.

Apr 25 06 09:59 am Link

Photographer

Leonard Gee Photography

Posts: 18096

Sacramento, California, US

They can claim that they didn't realize the images were copyrighted if there was no explicite notice. However, the notice isn't necessary. Your first action must be to notify them or the hosting site of the violation so they can correct it. Do it by e-mail (save the messages!).

Contact the webmaster or the company hosting the site or the person the owns the site that the images are copyrighted and they are using them without permission and ask them to take them off immediately or by a certain date. If they don't take them off by that date, go to a lawyer and have them file a injunction.

You must prove that you suffered a finacial lost in order to collect money (damages), or the photos have to be registered with the copyright office within 90 days of noticing the violation to get win a judgement.

Apr 27 06 08:53 pm Link

Photographer

Halcyon 7174 NYC

Posts: 20109

New York, New York, US

Go upstream. Everybody gets their Internet connection form somebody else, even AOL. Complain to the people that give them access to the Internet.

Apr 27 06 09:24 pm Link

Photographer

Sophistocles

Posts: 21320

Seattle, Washington, US

The advice you get on the Internet is worth what you pay for it.

Get a lawyer. With all due respect, if you're not prepared to get a lawyer, you're likely not as serious about protecting your images as you might think.

Apr 27 06 09:30 pm Link

Photographer

phcorcoran

Posts: 648

Lawrence, Indiana, US

Sometimes people use photos without permission out of ignorance, sometimes because they are thieves, and sometimes they have simply been deceived or miss-informed.

The most-suggested response on professional forums when unauthorized photo use comes up is to send the unauthorized user a polite note complaining of the miss-use, and include a bill.

Apr 27 06 10:27 pm Link

Photographer

Richard Tallent

Posts: 7136

Beaumont, Texas, US

1. Figure out who is hosting their web site. Post the URL or PM me and I'll tell you, I'm a geek and it's easy to figure out.

2. Send their web host company a DMCA Takedown Notice. If they don't respond promptly, their site WILL be taken down or the web host is in trouble. This isn't a complicated thing to do, there are plenty of online forms for this and I'm sure some photographers here have had to do so and could provide a template (I've only had to threaten).

3. DOCUMENT ALL CONTACT. There's always the TEENY-TINY chance that you are dealing with a REAL weirdo and need to get a restraining order. But I'm probably just being paranoid after watching NCIS this week.

4. You don't need a lawyer right now. You'll spend $$thousands$$ protecting images that you don't even own copyright to, it's not worth it. But having a good lawyer ready for any trouble you have at a moment's notice is like having a great dentist. It's painful when you need them, but it's much worse without one.

Apr 28 06 12:41 am Link

Photographer

C and J Photography

Posts: 1986

Hauula, Hawaii, US

Make certain you have the original files. If you have files with detail they don't have you can prove they didn't create the image.
Examples would be uncropped files that they have crops of, Raw files they have in sRGB colorspace, Files claiming to be created on your camera body, etc. This is a good reason never to release Raw files.

The earlier good advice doesn't need me to repeat it.

Apr 28 06 01:25 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Forgive me for raining on your parade, But unless you actually TOOK the photograph, Or Unless the Photographer Sold / Gave you the copyright, there is nothing legally "YOU" can do about it.

Two possible paths:
1. Contact the photographer and let him persue the copyright issue.
2. If you have a usage agreement for the shoot that prohibits monetary gain on behalf of the photographer, then, first determine if he authorized their release, and if so, go after him (bad move really. because for the few bucks you might make off of it, it paints you in a bad light with other photographers - even though you are only doing what is within your rights to do) or, if he did not, then maybe you can go after the site for "Right of Publicity" depending on what the laws in your state are.

In general though, not much you can do at this point.....

Apr 28 06 06:29 am Link

Model

MsEmerald

Posts: 36

Seattle, Washington, US

- I own the images in question.
- Its a website owner and a few member he has.

This person would take images from my site and alter them in a very graphic and disturbing way: Lots of blood, gore,killing, etc. and would post them on message forums, etc.  He even came and posted them on the message board I run for my site.

Saying things like he wanted to eat my flesh and other crazy @$*(#.

In my spare time I build and race cars.He is involved in the same sport, so I avoid driving at venues/events close to the area (portland) that he now lives in.

What pushed things over the top, is that I found out  he recently moved from the same small city that I grew up in.....All thanks to doing a search on his screen name and finding him on MySpace smile The area just became its own city not too long ago....its THAT small...which really worries me because my parents still live there.

Ive never seen or met him before.


I recently sent a message to another site that he posted images on and asked them to stop hosting them. That site took down the pix ASAP,  but they are hosted on his personal companys server still.

I just want them to stop.

Apr 28 06 02:37 pm Link

Photographer

Blackmirror Photogenics

Posts: 198

New York, New York, US

Richard Tallent wrote:
...
2. Send their web host company a DMCA Takedown Notice. If they don't respond promptly, their site WILL be taken down or the web host is in trouble. This isn't a complicated thing to do, there are plenty of online forms for this and I'm sure some photographers here have had to do so and could provide a template (I've only had to threaten)...

4. You don't need a lawyer right now. You'll spend $$thousands$$ protecting images that you don't even own copyright to, it's not worth it. But having a good lawyer ready for any trouble you have at a moment's notice is like having a great dentist. It's painful when you need them, but it's much worse without one.

Contact their webhost. They'll take them down and close the site. Do it anytime you see your images postedly illegal. You are protected by the DMCA.

Apr 28 06 11:53 pm Link

Photographer

Fotographic Aspirations

Posts: 1966

Long Beach, California, US

Richard Tallent wrote:
4. You don't need a lawyer right now. You'll spend $$thousands$$ protecting images that you don't even own copyright to, it's not worth it. But having a good lawyer ready for any trouble you have at a moment's notice is like having a great dentist. It's painful when you need them, but it's much worse without one.

Although I have done very little work in the realm of copyright law, have several co-council friends who have do a fair click of this, a few points  :

Like any other civil litigation , a practitioner of this type of law will expect about a 10K retainer to: Research your case, draft a complaint, serve opposing parties, do basic discovery, field any motions and get ready for trial if needed.

Copyright law is practiced in the federal court system for the most part, as such you just don't go own to your local courthouse and pay a $ 15 ~ 25 small claims court fee, the processing fees along will be $ 300 ~500 +++

Internet = Difficult litigation, you live in San Diego and the person who is using your intellectual property may be in upstate New York, and the server hosting his space in Seattle Washington.

Even if you have a dead bang winner of a case - Can you collect damages ????  Or is your 10K judgment document worthless ?
If Joe stupid with his silly internet site that he host for $ 20 a month worth all this ?

Many ISP's will  just claim stupid and in fact most case law to date is to a great extent shielding ISP's (host) from liability. Lacking a court order to remove such an ISP has no dog in the fight and just goes along collecting it's $ 20 a month.

The golden legal triangle comes into play - A client willing to fund litigation, a defendant able to pay a judgment, and a judgment issued by the court.

None of the above constitutes legal advise, if you have a legal problem consult a qualified legal practitioner in your area that can analyze your specific case .

FA
Ex Public Defender

Apr 29 06 12:36 am Link

Photographer

Derry Photography

Posts: 53

Antioch, California, US

http://www.digimarc.com/mypicturemarc/default.asp
try this site it will help future projects.

Apr 29 06 12:53 am Link

Photographer

Eikona

Posts: 1405

Toronto, Ontario, Canada

Apart from the civil litigation stuff, these comments he makes about wanting to eat your flesh are pretty creepy. Does Washington State have any anti-stalking laws?

Apr 29 06 09:20 am Link

Photographer

GWC

Posts: 1407

Baltimore, Maryland, US

Afablb wrote:
Even if you have a dead bang winner of a case - Can you collect damages ????  Or is your 10K judgment document worthless ?

Shoot, for $3k you can get the crystal-meth-smokin' biker who hangs out down by the liquor store to go shove the end of a broken bottle up the guys butt.

GWC!

Apr 29 06 09:37 am Link

Model

Josie Nutter

Posts: 5865

Seattle, Washington, US

Ched wrote:
Go upstream. Everybody gets their Internet connection form somebody else, even AOL. Complain to the people that give them access to the Internet.

I'll even tell you how!

When I'm researching who to report spam to, I use two tools-- whois and traceroute.

Take the domain name and enter it into the box next to "do stuff" here: http://www.samspade.org

Click the button and you'll have the domain info.  If that's who you need to contact, great, if not, you should see the IP address of the domain near the top.  Copy that because you'll be pasting it in a minute.

Go to Start > Run (Windows) and type "cmd" (without the quotes) and hit enter.  Then type "tracert " (without the quotes again, plus a space at the end-- yes, traceroute is not spelled out fully) and click your right mouse button to paste the IP (or just go to Edit > Paste in the bar at the top of the window).  Hit enter.  It should start chugging through hops between you and the server where the domain is hosted.

The list should stop when it reaches the domain's IP.  Take the one above it (you'll probably have to right click within the window, choose Mark, highlight the text and right click again to copy).  Go back to sam spade and "do stuff" on this new IP.  It should give you contact information for the domain's upstream provider.

With an actual domain name, I can give you more info. smile

Apr 29 06 01:41 pm Link

Model

Josie Nutter

Posts: 5865

Seattle, Washington, US

Eikona wrote:
Does Washington State have any anti-stalking laws?

Yes!  Online-related stuff was just added to existing laws within the last few years, which is part of the reason this guy doesn't bother me anymore.

Apr 29 06 01:45 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

MsEmerald wrote:
- I own the images in question.
- Its a website owner and a few member he has.

I am curious, why is it that you think you own the images?  Did you take them yourself?

Where is the website located?

Finally, you didn't sign a release for this guy.  If he is using the images on a membership website, there is possibly a cause of action here.

The question is whether it is worth pursuing.  Also your options will be different if you actually own the copyright to the images (which I am unsure of) or not.

Go talk to an attorney in your area.  He is the one to decide if it is worth going after. It might take nothing more than a letter from an attorney to get the guy to take the images down.

But an attorney in your state that practices copyright or entertainment law would be the right place to get this answered.

Another thing to consider is if you feel threatened and the guy is located in the same state, it might be fairly easy to get a restraining order for your self-protection.  Once again though, you need to ask an attorney, not a photographer.

Apr 29 06 04:14 pm Link

Photographer

Eikona

Posts: 1405

Toronto, Ontario, Canada

Josie Nutter wrote:

Yes!  Online-related stuff was just added to existing laws within the last few years, which is part of the reason this guy doesn't bother me anymore.

I just read your livejournal link. Yuck. I need to take a shower. Reminds me of the stalker freak I once had to deal with.

Ms. Emerald, I really hope you can work this out alright.

Apr 29 06 10:24 pm Link

Photographer

Legacys 7

Posts: 33899

San Francisco, California, US

one way to prevent internet theft is to have a Flash website. while it can be slow on non broadband connections, it prevents theft because the images are within a movie.

Apr 29 06 11:56 pm Link