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View Full Version : Someone took my work and put it on their website


jomeezy
20th of May 2009 (Wed), 18:36
So me and a "friend" decided to start a joint photography biz together earlier this year. We did a few photoshoots together. After that, we parted ways (more like he kicked me out). I recently checked out his website and under his work there is a lot of stuff that I took. I already asked politely if he could take them down, but I haven't received a response.

All I want is for him to take my work off his website. What do you guys think are my options since he's ignoring me?

Thanks in advance!

Jomel

Mark1
20th of May 2009 (Wed), 18:42
Just send a DMCA notice to the host They will pull off the images. You dont need to ask again. If they put them back up send the notice again and if you have a friend that is a LAwyer ( they they dont know is better) a cease and dissist letter.

wrussi
20th of May 2009 (Wed), 21:04
yep a letter telling him (as the owner of his business) to take the images down or you will pursue legal action.

have ur images copyrighted asap
and lastly if he refuses to take them down talk to a lawyer he will gladly help you out.

the beauty of the USA is that you can SUE! so do it if you have to!

Metalstrm
21st of May 2009 (Thu), 06:47
Keep us updated...

RandyMN
21st of May 2009 (Thu), 06:51
Just curious if we have any lawyers out here, since they started the business together could the photographs be considered property of the business?

Since the business is still going, it seems like this might be a loophole if it really does get down to legality.

jomeezy
21st of May 2009 (Thu), 17:19
Thanks for the responses everyone. He agreed to take them down.

Just curious if we have any lawyers out here, since they started the business together could the photographs be considered property of the business?

Since the business is still going, it seems like this might be a loophole if it really does get down to legality.

I would like to know about this as well.

harroz
21st of May 2009 (Thu), 17:44
If you started the business together you should have written up a contract to the usage and sharing or not sharing of your images, I'm assuming that this did not happen? In which case it would depend on the business, was it 2 people just working together or was it a legit business, if it was a legit business set up then that business would own copyright I would think, and so both of you could use each others images for marketing whilst in that business, after that business has closed one partner would need to get a signature from the other to release the images from the business. Or when closing you could've both written up an agreement where you could use and keep copyright of what you photographed or shared the copyright. I'm guessing he is still going by the original business name as you say he kicked you out, in which case I would think that you were working under this business name also and the business would own the rights unless you had some kind of writing stating otherwise.
I'm not a lawyer and don't pretend to be at all so I could be off the mark, but this seems about right. The main thing to learn from this is to get this kind of thing sorted on paper from the beginning, although it seems like a big deal it isn't and is common place in all photographic businesses.