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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 06 Mar 2013 (Wednesday) 15:38
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Photo being used witout my permission

 
John
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Mar 07, 2013 13:30 |  #16

GMACK24 wrote in post #15688168 (external link)
Well the host is godaddy which I assume is a big company so I assume it will take them a few days to process.
Sent it yesterday around 8PM and nothing back yet.
I will give it a few days.
Thanks again everyone !

Did you follow the directions here?
http://www.godaddy.com …aspx?pageid=TRA​DMARK_COPY (external link)


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GMACK24
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Mar 07, 2013 15:31 |  #17

aIpha wrote in post #15688201 (external link)
Did you follow the directions here?
http://www.godaddy.com …aspx?pageid=TRA​DMARK_COPY (external link)

yep to the letter.


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Dan ­ Marchant
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Mar 07, 2013 19:04 |  #18

GMACK24 wrote in post #15686820 (external link)
..... so I sent the email to godaddy.

Did you send "an email" or did you send a properly formatted DMCA take down notice. ISPs, web hosts, forums etc only need to take action when formally notified using a proper DMCA notice so many will ignore an email that does not include all the necessary elements.


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GMACK24
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Mar 08, 2013 10:21 |  #19

CopyrightClaims@godadd​y.com (external link) TO: CopyrightClaims@godadd​y.comR (external link)e: Copyright Claim

To the ISP Hosting Company:

I am the copyright owner of the photograph(s) being infringed at:
http://www.redwoodtg.c​om …soft-systems-support.html (external link)

My original photo(s) can be seen here:
http://www.flickr.com/​photos/gmack24/7391471​86/ (external link)

Copies of the photographs being infringed are included to assist with their removal from the infringing Web sites.
This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its Web address, from posting the infringing photographs to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.
I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.
Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Please note that I have made several attempts to contact the website owner but he has not responded back to me.

Sincerely,

Gregory P. MacKay

Email: GMACK24@yahoo.com (external link)


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Mar 08, 2013 12:18 as a reply to  @ GMACK24's post |  #20

Good luck, and remember - Microsoft has DEEP pockets.


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noxcuses1
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Mar 08, 2013 12:22 |  #21

The fact that they cropped out your watermark shows willful infringement.

Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from a photo. The fines start at $2500 and go to $25,000 in addition to attorneys' fees and any damages for the infringement.

Take screen shots asap!




  
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GMACK24
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Mar 08, 2013 13:17 |  #22

Discussion Notes
Support Staff Response
Dear Gregory P. MacKay,

Thank you for contacting Go Daddy’s Copyright Claims Department. We are committed to assisting intellectual property owners in taking action against IP infringement.

While reviewing your complaint we were unable to locate the offending content in question. (The URL is no longer active, or the content appears to have been removed.)

If you feel there is still a case of copyright infringement, please complete a new Copyright Complaint (as defined by Section B, Items i-vi at the following url https://www.godaddy.co​m …aspx?pageid=TRA​DMARK_COPY (external link))

Thank you,

Copyright Department
GoDaddy.com
CopyrightClaims@GoDadd​y.com (external link)


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GMACK24
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Mar 08, 2013 13:18 |  #23

I am happy with this outcome.
Thanks to all who have commented here : )


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Dan ­ Marchant
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Mar 08, 2013 23:26 as a reply to  @ GMACK24's post |  #24

Glad it got sorted quickly. With small companies or individuals it is often not worth pursuing them through the courts, in which case a DMCA take down notice is a quick and easy way to get the material removed.


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Thomas ­ Campbell
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Mar 09, 2013 09:17 |  #25

Dan Marchant wrote in post #15694094 (external link)
Glad it got sorted quickly. With small companies or individuals it is often not worth pursuing them through the courts, in which case a DMCA take down notice is a quick and easy way to get the material removed.

Disagree. It is usually easier to get a quick settlement from them.

Source: many quick settlements


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nathancarter
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Mar 09, 2013 10:39 |  #26

Agreed. I'd much rather have a payment for past and future usage, than a takedown.


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GMACK24
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Mar 09, 2013 17:37 |  #27

nathancarter wrote in post #15695081 (external link)
Agreed. I'd much rather have a payment for past and future usage, than a takedown.

true but this dirtbag now stole another image from another website.
I guess people never change.
It was not from a photographers website.
It was from a mortgage company.
So guess who shot the mortgage company an email letting them know the image was lifted from their website.

This guy. ha ha

So now maybe someone with deep pockets will sue this dirtbag.

Only time will tell : )


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Mar 09, 2013 17:46 |  #28

Thomas Campbell wrote in post #15694878 (external link)
Disagree. It is usually easier to get a quick settlement from them.

Source: many quick settlements

it's kinda sad that this is an increasingly larger percentage of some photographer's revenue.


i found out today that i had a photo used w/o compensation or credit by at least three different sources...it was actually pulled off of this site! i sent invoices and got one response (they took down the photo immediately).


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Mar 09, 2013 18:41 |  #29

Ive dealt with a few of these issues when I didnt have any registrations or whatever on my pictures.

Usually a call to the company will do good. If not take your concerns to these companies social media outlets... that has ALWAYS (for me) got their attention.

Be sure to save evidence and dont be afraid to contact their corporate office (if any).

Lawyer up.


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JohnWildgoose
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Mar 11, 2013 09:40 |  #30

A little while ago I had an NYC agency (they should know better) lift shots from my website and use them as a front page to a case study for one of their clients (can you believe this?).

So I contacted them and they took them down and said that was it. I said "no it wasn't". Breach of copyright and reputation damage (I was contacted by the client for whom I had originally shot the images, a big, litigious company, mad with me because they thought I was selling pictures of their staff. I calmed them back down to happy). Then I got an email, or a cut and paste from their lawyer saying they had taken them down and they would not enter into any further discussions.
To be honest, all I wanted was an apology. I'd not have got much of a fee out of them, and could not be bothered to chase them through the courts with lawyers. Too much faffing and I am UK based, they are US. Complicated.

So I wrote to the director of corporate communications at the agency's client, saying the agency had breached copyright on their case study and would not speak to me, so all I can do is ask him if they had ever offered him any stock images for their work. That did the trick...

Two days later I had the president of the agency on the phone apologising like mad and telling me he was unaware of what had happened but was now busy kicking backsides. Good enough for me.

I say this because sometimes it's better, easier and potentially less costly to try and leverage a response rather than digging your heels in and getting embroiled in an increasingly vindictive spat. When you get into a position where you don't feel you can back down, things can get uglier than they need to.


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Photo being used witout my permission
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