Copyright Infringement at Flickr: What Should I Do?

[DwightMcCann]

I shot Luis Miguel in concert about a month or so ago. He is a MAJOR Latin singer. I posted images on my website as usual. Luis Miguel et alia asked me to remove the images. I did. Then a Google Alert found my images on Flickr where someone had downloaded/uploaded them. They have my watermark on them and the IPTC data clearly identifies them as mine and requiring permission to use. I sent Flickr a Notice of Infringement. They responded wanting me to search through this person's 1600 images of Luis Miguel, probably all stolen, and send them URLs. I sent them a list of nine that I found but stated that rather than spend more time, if they weren't removed by the close of business today I would turn the issue over to an IP attorney. I have not registered the images but would be happy to do so since the 90 day period from publication rule should work fine.

So, what should I do? I know I should register all my images quickly ... this has never been a big deal before but know I see I need to do it not so much to keep someone from making a profit on my work (which this person isn't doing) but to try to control images for which I am responsible, which is much more important to me.

I won't actually have time to register them until next week. I have never registered images before but this event will finally push me into it.

So, any advice for this event? [I don't need to hear about what I should have done or what I should do routinely ... I need input on how to proceed with this specific case.]

[Cybnew]

Either way, In my understanding of the law, you shouldn't even HAVE to register. The second you squeeze the shutter, you artistic image is copyrighted (granted, registering your images gives your more ways of going about getting this done from what i understand) and as long as you can prove that they are yours (which you clearly can) flickr should have no case against you.

Thats just the way I understand the laws

Edit* Some links I found
http://www.photoattorney.com/2007/10...sentation.html
http://www.photoattorney.com/2007/10...ringement.html

[DwightMcCann]

Originally Posted by Cybnew

Either way, In my understanding of the law, you shouldn't even HAVE to register. The second you squeeze the shutter, you artistic image is copyrighted (granted, registering your images gives your more ways of going about getting this done from what i understand) and as long as you can prove that they are yours (which you clearly can) flickr should have no case against you.

Thats just the way I understand the laws

Edit* Some links I found
http://www.photoattorney.com/2007/10...sentation.html
http://www.photoattorney.com/2007/10...ringement.html

Yes, you own copyright from the instant of creation, but you are very limited as to recovery in litigation if the images aren't registered. With registration you are entitled to attorney's fees as well as statutory damages unrelated to actual damages.

My question is "Exactly what should I do to proceed right now in this case." I will check out your links when I get a chance. And I'm not worried about Flickr having a case against me ... I want to need to know what to do to assure my case against THEM!

[Cybnew]

Sorry, misread the first post

I would register them, and call the lady from the website I gave you (Carolyn Wright) she is a lawyer who specializes in photographers rights.

Personally, I am surprised that flickr isn't removing the images for you without question now that you have proven that they are yours. (I guess thats the problem with large corporations, the don't seem to care to much about the average person. Lord knows if it were viacom or another large conglomerate, flick would have their images removed immediately)

Anyway...hope it all works out for you Dwight

[DwightMcCann]

Matt, thanks. I have her book. I may call or email her. There is no contact information for the infringer available on Flickr. Yes, if I was a big company they would probably have pulled the images already. I am after the experience of registering as well as suing as it seems like the only thing that people understand. I am wondering if Flickr is legally liable for the infringement now that they have an NOI? I know sharing sites hate to be responsible but since they profit from this abuse it does seem they should be held accountable. I guess I'll have to pursue it to find out.

[Cybnew]

I think I remember a discussion in my journalism class about youtube and how they are responsible for content submitted to their site with regards to copyright infringement and how they are being sued by viacom for unlawful posting of copyrighted material. I dont see how flickr should be any different, same idea, just a different medium

[Binning]

Dwight, following is a link to the registered agent with whom you should communicate on the case. Yahoo owns Flikr and the copyright office manages the directory of the person who should be contacted in the event of an infringement. http://www.copyright.gov/onlinesp/agents/yahoo.pdf

They should be responsive to your request. I hope this isn't a duplication of what you have already done, but I have to belieive only a moron would ask you to go through 1600 pictures. You should only have to find one, then its their problem to figure it out.

Good luck. Tim

[DwightMcCann]

Originally Posted by Binning

Dwight, following is a link to the registered agent with whom you should communicate on the case. Yahoo owns Flikr and the copyright office manages the directory of the person who should be contacted in the event of an infringement. http://www.copyright.gov/onlinesp/agents/yahoo.pdf

They should be responsive to your request. I hope this isn't a duplication of what you have already done, but I have to belieive only a moron would ask you to go through 1600 pictures. You should only have to find one, then its their problem to figure it out.

Good luck. Tim

I have actually submitted two Notices of Infringement to the Yahoo agent via email. My current plan is to get through my current torrent: burn CDs for BBKing concert, shoot MMA King of the Cage, shoot an event for my winery and then attend Frank Doorhof's seminar on Sunday. Once that deluge is done, I will make myself pursue this registration business. At the point I will again contact Flickr, probably by phone, and advise them that it is my intention to bring suit as I really believe it is the only thing they understand and that all their talk about being concerned about copyright infringement is simply self serving smoke and mirrors intended to just make problems go away. I really need the experience of registering and suing so that I am clear about my rights and what I can do as I expect to have a long and distinguished career in Live Entertainment Photography and this is going to happen again and again!

[ssim]

This is why I dislike Flickr. While they outwardly play lip service to protecting photographers rights they have a history of being inactive when it comes to issues such as yours. In most cases the threat of legal action is enough to make people react. Flickr has gotten so big that they sometimes portray that attitude that they are above the law and that they own the photo sharing industry. If they had their way all photographers would subscribe to the Creative Commons sharing.

Your rules in the US are slightly differnt than those here. I understand that in order to maximize the results of any litigation that you are required to register your images. There are no such rules/law here. I know it is a pain in the you know what to continual register images, particularly in light of how many you actually take. In the end though it would be a worthwhile effort if you are faced with this sort of action.

The hard thing to determine is if this person was actually profiting from these photos or not. I would error on the side of safety and make the assumption that they are and I would have a lawyer contact Flickr. At the very least this will expedite the removal of the images. I am sure that they get the threat of legal action quite often but how many people really follow through on it. I would hope that someone of your stature in the photo industry has normal legal representation so that this won't cost you an arm and a leg.

[khaidottk]

How did you set up the Google alert to notify you of your images?

[sfgp]

You might read through this -> http://www.photoattorney.com/

Has a lot of info.

Regards,

SG

On Edit

another good place for info -> http://www.nppa.org/professional_dev...copyright.html

[DwightMcCann]

Originally Posted by khaidottk

How did you set up the Google alert to notify you of your images?

http://www.google.com/alerts

[strmrdr]

Send them off too be registered, they dont have to be registered yet but you should have started the process then send a DMCA take down letter.
http://en.wikipedia.org/wiki/DMCA#Ex...down_Provision

[DwightMcCann]

Originally Posted by strmrdr

Send them off too be registered, they dont have to be registered yet but you should have started the process then send a DMCA take down letter.
http://en.wikipedia.org/wiki/DMCA#Ex...down_Provision

Yes, absolutely ... I have already sent two Notices of Infringement. I will get them registered and then contact an attorney. That seems to be the answer to my original question.

[AussiePup]

Is your objective to just get the pictures removed from Flickr or is it something deeper. Would it be to simplistic just to send an treating email directly to the Flickr Member or are you trying to achieve a different end result (i.e. Punishing the Flickr Member by having his Flickr membership removed)?