My photos being used without my consent...

So a guy I used to call a friend, has waged a war on my over some petty internet bs. He is making claim to "destroy my reputation"
That is all backstory. The important fact is, a photo of him appeared in a magazine with the photo credit being given to him however it was a photo I took. I called the editor, who I know personally, and they felt terrible for not verifying the source, and have offered me a small check for compensation.

However, here is my question. The guy is using multiple photos I have taken on his website. If he was still a good buddy, I wouldn't care, but the fact he has turned into a complete lunatic, threatening me, I would like him to remove all my photos that I took from his website. Can I issue a cease and desist? Is it just a request to remove my photos?

Some of the photos were simply as much as "Hey man, here is my camera, take a quick photo" and I did. Others, were me going out of my way to put myself in a strategic photographic position and taking photos on my own without request. I sent him the photo in the magazine because he requested it to send to "his sponsors"
The magazine is not one of his sponsors.

I didn't give him permission to use my photo in a magazine

Do a whois on the site to see who the hosting company is then send them a DMCA take down notice. See https://nppa.org/page/​5617 for more info.

If he's being a prick, just serve the 'offenders' with a DCMA takedown notice.

https://nppa.org/page/​5617

The best part is that it's the ISP that will pull the images, not your 'friend'.

Man you gotta pick and choose your battles, is this really worth it? I mean im totally with you if you wanna send the c&d but im just worried it could get out of hand cause of the lunatic in him, more stress than you really need

Send a takedown and be done with it. Also, if you used his camera you will have almost zero chance of proving the copyright is yours. Also, if anyone has able to show copyright ownership based on artistic vision I would love to see it as it would be a first.

Whoa, slow down! First of all it sounds like you provided him with an implied license to use the images in the first place (unless you have something in writing) which is not revokable!

Again, if you sent him photos and allowed him to use them for a period of time regardless of payment and have no written agreement in place on licensing, then in fact you granted him a non revokable license to use the images. Now blasting out DMCA notices are only going to get you in trouble and set your self up to get sued especially if this guy is out to get you. Look up implied copyright licenses and talk to a lawyer before you dig yourself into a hole.

I know the letter of the law is different, but: if someone handed me his camera and asked me to take a shot, I would assume he planned to use it for something. If I was concerned about copyright, I would have either used my own camera or not taken the shot. By taking the shot with his camera, unless you discussed otherwise, IMHO your consent for him to use the shots was implicit and you are the one that is being a .... The consent that you gave him (implicit or explicit) had nothing to do with whether or not he is still your good buddy, if you gave him consent (because he was a good buddy at the time) he's got it.

By posting in this forum, I assume you are a professional: you should know better than giving someone control of your images (e.g., taking them with his camera/card), without having a clear understanding (in writing) of how they should be used.

Again, I know the letter of the law may be different, but, by being careless, you have opened yourself up to this. I'd just let it go and chalk it up to "a lesson learned."

Live with it. And learn.

I found that once and threatened them with a lawsuit for copyright infringement and told them how big I would win cause I have the raw file originals to prove they were my images. He backed down and removed them.

Shooting wrote in post #16711844
I found that once and threatened them with a lawsuit for copyright infringement and told them how big I would win cause I have the raw file originals to prove they were my images. He backed down and removed them.

Great, you've answered the question in the subject, without regard for the details, e.g., the infringer has the raw files and can make a good case for implied consent, so then what?

Shooting wrote in post #16711844
I found that once and threatened them with a lawsuit for copyright infringement and told them how big I would win cause I have the raw file originals to prove they were my images. He backed down and removed them.

Can you please READ the posts before responding? You seem to be in "loose cannon" mode on multiple threads.

Drakeskakes wrote in post #16709782
So a guy I used to call a friend, has waged a war on my over some petty internet bs. He is making claim to "destroy my reputation"
That is all backstory. The important fact is, a photo of him appeared in a magazine with the photo credit being given to him however it was a photo I took. I called the editor, who I know personally, and they felt terrible for not verifying the source, and have offered me a small check for compensation.

However, here is my question. The guy is using multiple photos I have taken on his website. If he was still a good buddy, I wouldn't care, but the fact he has turned into a complete lunatic, threatening me, I would like him to remove all my photos that I took from his website. Can I issue a cease and desist? Is it just a request to remove my photos?

Some of the photos were simply as much as "Hey man, here is my camera, take a quick photo" and I did. Others, were me going out of my way to put myself in a strategic photographic position and taking photos on my own without request. I sent him the photo in the magazine because he requested it to send to "his sponsors"
The magazine is not one of his sponsors.

I didn't give him permission to use my photo in a magazine

Live with it.

Are Implied Licenses Enforceable?

http://www.forbes.com …ied-licenses-enforceable/

Send him a letter asking him to remove the photos from his website and get on with things. If he doesn't remove them, leave it. There are no monetary damages here, even if you were to sue him and win, which is overkill anyway. We photographers DO have to take a stand against intellectual copyright theft, this just seems personal and not one of those times to go to war. It's your call obviously, but it isn't the hill I would want to die on.

suecassidy wrote in post #16713398
Send him a letter asking him to remove the photos from his website and get on with things. If he doesn't remove them, leave it. There are no monetary damages here, even if you were to sue him and win, which is overkill anyway. We photographers DO have to take a stand against intellectual copyright theft, this just seems personal and not one of those times to go to war. It's your call obviously, but it isn't the hill I would want to die on.

How is that theft, he (the op) took the pictures of this person, with the person's camera when as the op pointed out was asked if could take it for him and the op agreed on it.

Let's say you are on vacations and want a picture of the family together, a person its walking by and you ask if the can snap a few pictures for you, this person goes on and take the pictures fast forward and let say the picture turned very good you uploaded to Facebook etc.

The person that took the photo happen to find the photo online can he claim he owns the photo of you taken with your camera ?

I agree he should have not said to the magazine that he took the photo, however I will also assume that any photos taken of me, with my camera at my request are are mine and I'm free to use them however I want, unless of course there is a written contract that says otherwise.

Technically, if someone takes a photo with your camera, it is still THEIR intellectual property since they were the one who pushed the shutter button, it was their vision of when to press the shutter. Except under a "work for hire" situation. That's my understanding, but all that aside, in this particular set of circumstances, this all seems somewhat petty (to me) given that he said "If he were still a good buddy, I wouldn't care..." that statement changes everything as far as "what would you do?" I'd be as pissed off as the OP is, but I wouldn't go to court over it or hire a lawyer.