Picture stolen, website store using it!

[zapman]

hello I just recently found a picture of mine being used for a websites banner/advertisement. the guy had sent me a message asking if he could use it and I sent him one back saying that I wanted to know what it was going to be used for before I said yes or no, well just got the message saying he went ahead and used it and hopes its not a problem and included a link to the site for me,

To me this is a big problem because A. He didn't wait for my permission and B. I'm not getting paid lol

Do I have to send him a letter to notify him to stop useing my picture or should I just go straight to a lawyer?

[MJPhotos24]

Send him a message back saying it is a problem and violates copyright laws. Say you'd be happy to discuss him using the image for an agreed upon fee but not free and it should be removed immediately until you have an agreement. I'd grab a screen shot of it being used before sending him the message as well just in case.

[zapman]

will do! and if he decides he doesn't want to remove it? take the screen shot in to an attorney?

[MJPhotos24]

If he doesn't remove it then you send him a bill for 2 or 3x the amount you'd normally charge with a due date. Not paid by then you have your screen shot and print all the emails for record. He's already breaking the law.

[tim]

Take a screen shot for sure, and register it with the copyright office if you're in the US. No idea how to do that, but if you do you can get WAY more in damages if you sue... which you probably shouldn't bother with. But do send him an invoice, make it friendly, and since he's already used it he can't say "oh i'll take it down then".

But don't expect to make a fortune on it.

[WillMass]

Depends on how aggressive you want to be. You could do as others have suggested, or simply send his host a DMCA takedown notice.

http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html

[stathunter]

Bill him $1Million per day and let him fight it and negotiate down.....any lawyer can file for you -- let him fight it and you might make the news.

[sspellman]

Zapman-

In spite of his bad actions, what you probably really want out of this is $$$. The Getty price calculator is $910 for 1 year. I would recomend that your best course of action is simply to send the guy an invoice for $500 with a license agreement for 2 years. You can also note on the invoice that unauthorized use of an image without payment will result in legal action including DCMA, etc. He should be willing to pay quickly.

In a situation like this were you might not ever get any $$$, it is best to keep your own costs low. Hiring a lawyer is feasable, but will likely cost you all of your revenue.

-Scott

[PhotosGuy]

and if he decides he doesn't want to remove it? take the screen shot in to an attorney? You can also contact his web provider & get the image removed or the site shut down.

[amfoto1]

If not already done, you should also register your copyright, before trying to pursue anything.

[zapman]

ok he sent me a message back wanting to know how much for useage. how do I register my copyright. How much should I ask for? I saw $500 for a 2 year agreement but how should I draw up an agreement?

[snails]

ok he sent me a message back wanting to know how much for useage. how do I register my copyright. How much should I ask for? I saw $500 for a 2 year agreement but how should I draw up an agreement?

Not that $500 for 2 years is too much money for your work, but this guy is looking to use your photo for FREE (without asking). I would expect him to walk if faced with a $500 limited-term fee for the use of your photo. Just a thought.

[jgrussell]

how do I register my copyright.Go online to the Electronic Copyright Office (http://www.copyright.gov/eco/), register and follow the prompts.

[c2thew]

let us know what happens. i've always wondered what would happen under that predicament. usually with enough web pressure the guy will take it down. but the major point is that he used your image without expressed permission.

doesn't the law say something about 3x damage?

[zapman]

let us know what happens. i've always wondered what would happen under that predicament. usually with enough web pressure the guy will take it down. but the major point is that he used your image without expressed permission.

doesn't the law say something about 3x damage?


will do! I'm getting more info from him such as what the site is all used for since it's in a language I can't read and apparently its not a spanish site ethier! I think I'm going to be fair with this guy since he is apparently willing to pay now!

[black_z]

Sucks!

Some Ebay Store is using one of my images from Ebay and Ebay can't do anything about it because I can't PROVE that I was using it before him! :lol:

[c2thew]

oh sweet.

[WillMass]

usually with enough web pressure the guy will take it down. but the major point is that he used your image without expressed permission.

doesn't the law say something about 3x damage?

If ya'll are going to take photos and put them on the web, where they are EASILY stolen, then you really need to get up to speed.

First, if you read the link I posted in my first reply; The site hosting company MUST remove the image from the site, and their server, once they receive a DMCA Takedown Notice or risk being named in a lawsuit.

Second, no. Copyright law (in the US) does not specify trebling of your usual and customary fees. It DOES specify up to $150,000USD in punitive damages plus attorney's fees and court costs per infraction, for registered works.

I've found the DMCA Takedown Notice (to the site's host) works quite well for boneheads who will not comply with your removal requests, yet the value of the infringement is not worth making a federal case of.

[WillMass]

Sucks!

Some Ebay Store is using one of my images from Ebay and Ebay can't do anything about it because I can't PROVE that I was using it before him! :lol:
Doesn't matter who was using it first. All that matters is you can prove you are teh one who took the photo.

I'm sure you have the original file, right? A copy of that, along with a DMCA Takedown Notice should get it removed.