Malicious Copyright Infringement

[noxcuses1]

There's an individual who keeps using my copyrighted images even after being contacted by my attorney. I've reported it to the website MANY times, and all they do is delete the photos each time.

My attorney has sent many letters AND I have also filed a complaint with the FBI as these images are copyrighted with the U.S. copyright office.

Nothing is happening. This person keeps using the pics. He doesn't have a pot to piss in so I'll end up losing alot of money just sueing him BUT I want him to stop using these images.

I've already spent several thousand in attorney fees and it still hasn't stopped.

Does anyone have any ideas/suggestions? Has this happened to anyone else? What did you do?

[bildeb0rg]

Pay him a visit and express your displeasure. A plane ticket and cab fare are a lot cheaper than attourny fees.

[noxcuses1]

Pay him a visit and express your displeasure. A plane ticket and cab fare are a lot cheaper than attourny fees.

An in person confrontation might lead to a physical altercation and someone going to jail.
NOT really a good solution.

[blackshadow]

If this guy doesn't have a pot to piss in maybe you should be going after him and his webhost/ISP jointly? It might be worth exploring that with your attorney.

[noxcuses1]

that's why he's using them on myspace.

of course myspace removes the pics, but then he re-adds them or makes new profile.

[Road2Show]

myspace...that says it all.
myspace= a place where underage teens talk about inappropriate things, share illegal files, and copyright protection is non-existant. Nothing but trouble there.

Sorry to digress...I would probably apply pressure on the ISP and myspace. Really depends on how far you want to take this. This kid (?) is probably seeing this as a bit of a game...you want them removed, he's going to do what he/she wants, and it will continue in a vicious circle. I suppose you could push this up the legal system with warrants to release who the user is (via ISP), then file cival/criminal charges from there. Get to the parents if possible.

On the other hand, what damage is being done? Are they selling them? Are they claiming they are their own? Are they just posted as favorites or something? If you ignore it for a while, will the problem just fade away? I'm not saying give-in and let them do what they want, but what's the reality of the situation. I fully endorse agressive rights protection.

then look at how they were obtained and take steps to control rights-protected images better.

[noxcuses1]

not a kid, but a "fanboy"?, maybe.

This person has many issues.
I am not the only one who has had similar experiences with this individual, even in just the past year. Another former colleague of his describes him as a "predator", but the term "parasite" is probably just as applicable.

[Alexajlex]

KP - I checked out your site and you have a link to MySpace right at the top. I also noticed that you've had some people contact you with offers to post links on their MySpace page in exchange for photos. I'm mentioning these things because the way I see it is if you are using MySpace it comes with a price. The MySpace syndrome. Take what you need, give nothing back. Everyone wants free stuff there. They think that a link on their MySpace page is worth millions $$$.


About the only way to stop this would be to get away from MySpace.

[crash331]

Eh, I stopped caring after you said myspace.

Not much you can do. Even if myspace shuts down his account, all he has to do is make a new account. Get used to the new-fangled thing they call the internet. People steal (ask the RIAA). Some people post my pics on myspace with my name and "DO NOT DUPLICATE" watermarked across it. Pick your battles.

He has won this one because he is pissing you off and made you spend thousands of dollars on attorneys. Give it up. It's myspace anyway, it's not like he's stealing your work and selling it in an online gallery.

[Aaagogo]

sue him

[Rachel B]

I agree sue him, letters and phone calls with threats do nothing, sue him, especialy as your images are copy written with the US office

[tomd]

Does this person live in the US?

[bndgrl]

Not sure if this is helpful or not but any pictures I post on Myspace have a big fat copyright watermark on them.

[modemanual]

Yeah, myspace/facebook (to a lesser extent), you won't get any luck there unless you can convince them that the guy is a serious threat to society.

otherwise, sue the guy.

[ChrisRabior]

Could always just bill him, send the invoice, and forward it on to your favorite collection agency when he inevitably blows you off. Collectors are much less pleasant to deal with than lawyers, and there's nothing like a blow to your credit to wake you up to the reality of a situation.

Of course, you could just blow it off. It is (after all) just a lame little MySpace account.

[Curtis N]

How is he obtaining the images?
Anyting you post on the internet, you may as well kiss goodbye.
That's what your lawyer won't tell you, because he likes cashing your checks.

[figmented]

seems like your lawyer isnt doing his job

[sspellman]

noxcuses1-

Yes, copyright infringement is a terrible thing-but I am baffled as to why you would spend several thousand in legal fees unless there was a clear cut way to collect money as compensation. Either you sue him for damages, send him an invoice, or you don't. If your current tactics are not working, then you have to try something else.

I personally think its a terrible investment to pay expensive lawyers to handle MySpace copyright infrigement by individuals since you are very unlikely to ever collect a dime.

Good Luck-
Scott

[PiRho]

the definition of insanity: doing the same thing over and over expecting different results

~Z

[Mike R]

I found out that the players on a HS football team I shoot for were taking my shots and using them on their My Space and Face Book pages. I told them that if they wnat, I 'll provied them without the copyright across them. The way I see it is that there parents have bought prints so I don't have a problem with giving them images for their pages. Besides, now they know that they were really not getting away with something.

[jhawksley]

I found out that the players on a HS football team I shoot for were taking my shots and using them on their My Space and Face Book pages. I told them that if they wnat, I 'll provied them without the copyright across them. The way I see it is that there parents have bought prints so I don't have a problem with giving them images for their pages. Besides, now they know that they were really not getting away with something.

Same here. As a high school sports photographer still in high school, most of my customers are my friend's parents. I look at myspace/facebook pictures as free advertising, because while the copies I provide for free do not have a watermark, they have a photo credit and copyright line on the bottom of the image, which people see when they look at the full version of the picture. In many cases, one of the local pros and myself are the only people who can get usable shots for most of the sports at our school, mostly due to low/bad lighting, which leads to a lot of business. I think it is only fair to my friends and peers that they be able to have facebook/myspace pictures of doing what them doing what they love, especially when their parents are unable to take them themselves.

Unless they are making money off your photos, make sure you have at least a small credit on them, then write it off as free advertising.

[KIPAX]

I tried putting "myspace sux" in the top corner of a collection I knew would be copied.. they still did it and they still went on myspace..

Silly me presumed myspace would bother ... sigh.