darned copyright violators

(just a vent.. and invitation to share your vents)

I've had to spend a bunch of time dealing with two copyright violators earlier this year.. and then a few days ago I discovered a facebook album full of images that I have for sale on my photo site. grrrrrrrrr (ok, I'm just venting.. I've taken care of it already) Even though they're plastered with obnoxous copyright notifications (including "DO NOT COPY"), she did screen shots to steal them. (I felt like asking her if she could READ the parts that said "DO NOT COPY" .. but I'm not generally sarcastic).

I sent the gal a message (pretty nice as far as copyright violation letters are concerned).. I told her that copyright infringement is a serious federal crime.. and though I'm pleased that she likes my work, she must cease and desist using the images.. and must remove them from her website. It included a link from photolaw.com about the seriousness of copyright infringement. Her response was to block me (though she did say she'd remove the images). A day later, through two other friends, I found that, even after she'd been *educated* about copyright infringement, she left the album on her facebook. (thinking that I'd never know the difference?)

Anyway, facebook has a service that will review and remove images that are shown to be in violation of the copyright laws. .. They also warn the individual.. and if it happens again, they throw the offender off facebook permanently.

Some of these 16 images were shot by a gal that I had filling in for me on a day that I couldn't shoot the event. .. yet, the images remain copyrighted by my business (ShootMyPix.com).. and I earn a percentage of the sale of her images because I'm the one who outlays the expense for the site.

I'm still not sure the gal *gets it*.. but since she cut off communication (blocking me on facebook), I haven't had the opportunity to explain (nicely) that she's pretty darn lucky that I haven't billed her. (yet) If she continues to cop an attitude or puts the images back up, I may need to send her a bill (around $250 for internet sized images) and/or take her to court. (but court is such a PITA.. that I'd rather she just learn a lesson and stop stealing my photos). ......... anyway, feel free to share you own stories about frustrating thieves.

(oh, one of the earlier cases I mentioned had to do with a gal who entered MY PHOTO in a photo calendar contest.. and won) arrgghh

Sorry you had to deal with that. I hope you prevail, but gal?

The world of digital photogs are so oversupplied and there are so many violations
of old film era copyright law that no one cares anymore.

Unless you are high profile courts, judges, lawmakers, users, and abusers
will continue to step all over you. They have Nancy S. Boots.

gonzogolf wrote in post #11541248
Sorry you had to deal with that. I hope you prevail, but gal?

Shoots rodeos. From Texas maybe?

Don't bother contacting her. Just report the photos and send facebook a DMCA removal notice. They're pretty quick at removing images that infringe copyright.

I love the comments. People don't even ask about the obnoxious amount of watermarks.

noxcuses1 wrote in post #11541433
Don't bother contacting her. Just report the photos and send facebook a DMCA removal notice. They're pretty quick at removing images that infringe copyright.

This.

Just had to do a little image extraction myself on FB...

Sometimes personal contact is best if you can do friend of a friend contact. Worked for me this time without having to go the DMCA route. Fortunately, all of my FB friends are (so far as I know) adults who can understand reason.

I'm interested to see what the outcome is. Keep us updated!

Since not everyon is aware that copyright infringement is a federal law, I try to nicely educate them first, giving them the benefit of the doubt. They're usually apologetic and remove (or purchase) the image(s). This gal expressed her displeasure at my note, said she'd remove the images.. and then blocked me.. so I couldn't continue the conversation. .. but since she didn't remove the images by the next day, I filled out the form on facebook.. and facebook deleted them.

This morning, I found that she'd also put one of the images (of her dad) on his facebook page. .. so I filled out another facebook form about deleting that image.. but let them know that he was most likely unaware that it was an image that his daughter had stolen. .. that I'd be satisfied if they would simply delete it. (they do send the reports to the offenders, btw). They haven't had time to reply to me yet. .. but I'm anticipating facebook will remove the image.

Her dad is a horse trainer involved with one of the Cutting (sport) Clubs that I photograph. .. so while it's a bit of a slippery slope, he needs to know that I'm not out there shooting 13 hour shows for free just like he doesn't train cutting horses for free.

Geez Louise - some people....

Hope it works out the way you want.

noxcuses1 wrote in post #11541433
Don't bother contacting her. Just report the photos and send facebook a DMCA removal notice. They're pretty quick at removing images that infringe copyright.

Bingo!

Playm wrote in post #11542745
Since not everyon is aware that copyright infringement is a federal law, I try to nicely educate them first, giving them the benefit of the doubt. They're usually apologetic and remove (or purchase) the image(s). This gal expressed her displeasure at my note, said she'd remove the images.. and then blocked me.. so I couldn't continue the conversation. .. but since she didn't remove the images by the next day, I filled out the form on facebook.. and facebook deleted them.

This morning, I found that she'd also put one of the images (of her dad) on his facebook page. .. so I filled out another facebook form about deleting that image.. but let them know that he was most likely unaware that it was an image that his daughter had stolen. .. that I'd be satisfied if they would simply delete it. (they do send the reports to the offenders, btw). They haven't had time to reply to me yet. .. but I'm anticipating facebook will remove the image.

Her dad is a horse trainer involved with one of the Cutting (sport) Clubs that I photograph. .. so while it's a bit of a slippery slope, he needs to know that I'm not out there shooting 13 hour shows for free just like he doesn't train cutting horses for free.

Just wondering, if you did take someone to court, what are the chances of yo winning? Say, in this case. How much could you milk out of her and would she pay your legal fees?

Congrats on getting the images taken down!

I have copies of our communication and screen shots of every page/image .. and possibly the world's most obnoxous watermarks on every image that she copied. It should be pretty easy to win in court if I pursued it. Since I have prices of 'internet sized images' posted on my website, I probably wouldn't have any problem being awarded the value of the sixteen images. The only 'iffy' part would be damages. .. which could be awarded if I showed her attitude of blocking me and continuing to display the, now knowingly, illegal images. I don't think the offending party pays court costs in small claims court.. but I could be wrong.

... however, that being said, it's a real PITA to drag someone into court. .. so if she's learned her lesson and doesn't go in and steal any more images, I'll be satisfied enough.

Interesting. I just had a similar issue. Someone took a proof photo from my website and cropped the watermark out then re-edited it with an ugly vignette and used it as a facebook profile. Wow! The client did not even purchase that image. I contacted her and her parents. They were apologetic, but didn't seem to understand why it was so wrong. I guess I need to do a better job letting clients know up front about copyright infringement.