Just out of curiosity

[Ray Marrero]

Someone used my photo and altered it without my permission. They have done it a few times. The truth is I don't like the work, to me it's ugly but that's my opinion.

Anyway, I called him on it. I wrote him this:

I noticed that you placed a "©" (Copyright symbol) on one of my copyrighted photos that you edited.

That's funny. Just wondering if you understand copyright laws?

He wrote back to me saying this:

THE STUFF I DO IS ALL OUT OF FUN...BUT I DO KNOW ALOT ABOUT COPYWRITES....

JUST TO LET YOU KNOW PHOTOGRAPHERS HAVE A COPYWRITE THE MINUTE THEY CLICK TO TAKE THE PICTURE...BUT THE PHOTOS SHOULD STATE "COPYWRITE" WITH YOUR NAME AND THE YEAR OF THE PICTURE...PLUS IT SHOULD SAY "ALL RIGHTS RESERVED"

THE PHOTOS ALSO HAVE TO BE REGISTERED WITH THE COPPYWRITE OFFICE WITH YOUR NAME AND YEAR OF THE PHOTO...

ALSO THERE IS A "FAIR USE ACT" WHICH ALLOWS ON A PUBLIC/NON PAYING WEBSITE ANY ONE TO COPY, AND ALTER A PICTURE AS LONG AS YOU DONT SELL IT...

AND MY DESIGNS ARE NOT FOR SALE....

THANX

I never heard of the "fair use act" ... is he right?

[exile]

regarding "fair use" - http://www.copyright.gov/fls/fl102.html

Regarding the copyright requiring a mark ... he's wrong.

[SBCmetroguy]

Everything about his response would say to me, "You are dealing with a clown here." From the caps, to his constant misspelling of the word "copyright," ending his sentences with "..." and his information regarding copyrights.

Just taking your photos and defacing them is infringement, and I have called out a big corporation over this very matter. They defaced one of my images (horribly in my opinion) with tacky fonts, and then used it to advertise their contests. It took one email from me, and the man in charge immediately forced his webmaster to remove my image from all of their websites (and they had quite a few.)

[Ray Marrero]

this is why I am so upset. My original and his work.

[Ray Marrero]

He has done more. Very ugly work, to me.

[AndreaBFS]

Where is he hosting the photos? You can send the host a DMCA notice. If they don't comply, just move it up the chain. I run a photo hosting site and I always comply with DMCA. Most hosts don't really want to host stolen images. It's a lot harder when it's a big impersonal photo mill where you can't get anyone to answer e-mail, though.

The host is exempt from liability for the infringement unless they refuse to remove the offending content. If they refuse, they become a party to the infringement.

[Stocky]

There is no mark, or registration required, and he may not copy your work, even for private use with out your permission. Without reading it again, fair use includes academic use, and there is something about parody, but not just copying and editing your work. He is wrong on this one and likely learned all about copywrites from a blog somewhere. If they are using it to "advertise their contest" then you should probably get a screen capture of the pages that are using your images, register your work and call an IP lawyer.

[jonnythan]

+1 to the last 2 posters.

A simple, formal-looking letter to the host or ISP will probably be more than sufficient. And, yeah, he's definitely in the wrong. He has no permissions to copy or distribute, much less edit, your work.

[exile]

Yep, that's an appalling abuse of your original art. There is no way this would be classed as fair use.

[Box Brownie]

He has in most bad taste manner made an interpretive 'work' and as I understand it such "works" are only possible with the permission of the copyright owner.....there was one sometime ago of someone who made a painting of an image claiming this was legitmate I think the copyright/image owner found in that instance going to court would be too costly.

In this case I think you need to approach the website host and as others have said escalate it as far as required & all being well, meaning that he is closed down. Oh if you can show he has adulterated others images as well IMO so much the better. Interestingly if he is self hosting that can become difficult as you will have to take it up with the ISP and depending on the country in question............a blackhole may be all that you will find for help!

Best of luck :)

:)

[figmented]

wow lol

[TeeJay]

I think that's a disgraceful use of your photo!

It's obvious that this clown hasn't got a clue about coppywrite and deserves everything you throw at them!

TJ

[hommedars]

I am certainly not qualified to debate this topic, but before you right off "fair use" as just a myth, you may want to do more research:

"Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright."

[Box Brownie]

I am certainly not qualified to debate this topic, but before you right off "fair use" as just a myth, you may want to do more research:

"Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright."

I see nothing in the "Fair Use" usage about derivative works ~ if I understand such Fair Use the original image could be use in an education publication or magazine article about model poses & lighting but even they are likely stretching the boundaries as such "publications" are works for profit.

Just hope the OP can get it sorted OK.

[tim]

Send him an official looking DCMA request, and use the word "lawyer" somewhere. Don't be too much of an arse though.