Copyright Infringements and a 5 year old....

So remember when we were in high school and the "bully" would pick on you and stuff you in a locker? Oh well maybe not stuffing you in a locker...I think that was only on T.V. ANYWAY....Here is my questions to you guys/gals. Ill be brief...

Recently I have had some people start acting like 5 year olds (hence the title) and do a few things to harrass me. I.E. Make a facebook page "busting" on me, taking photos of me and making me fat, yada yada yada....You get the point. I can deal with all that without a problem...

Here is where I do have a problem. I did a shoot for a friend of mine with him and his motorcycle which was freshly repainted. The person that did the painting of the motorcycle is one of the people acting like a 5 year old (see explanation above). She has decided to take the images and post them up on her facebook to "show off her work". Now im sure we all know that shes doing it just to piss me off. But here is the thing. After I reported the images she claims that I was paid to take the photos of her work and the only reason im arguing is because I "was fired". Not the case at all. She never was involved with the shoot of the motorcycle and does not OWN anything in the photograph.

Does the fact that I have my watermark on the photos cover me on copyright infringement? If the pictures were posted up on her facebook as advertisment a few months ago and I file a copyright now am I covered?

Any help on this situation would be helpful. I gotta get these images taken down.

Also there is a threat that she will be taking my logo, making tshirts and "bashing" my business name. There are about at least 10 people that would be wearing this shirt at an event I am conducting business.

Anything on that that you would have would be helpful. Thanks.

The Federal Copyright Laws and DCMA are substantially different than using the Facebook Image reporting process. Copyright is granted at creation, and you can file a DCMA notice to FB without registering the copyright with the US Govt. The registration process is more concerned with federal lawsuits over usage involving very expensive lawyers. The registration process needs to be completed with 90days of infirgements for full damage claims in federal court. Unless you want to spend $10,000 in legal fees, you will choose to not file a federal copyright suit for damages.

Facebooks Image reporting process is different and internal to FB. There are options to reply and the person affected can give their version of the facts. in your complaint to FB, you should specify that the person has no written license document that authorizes use of the images. They will be unable to produce it and FB should eventually side with you in the dispute and delete them.

As for your other issue of them wearing Tshirts, etc. Its a free country and protected by free speech until you make a claim of harrasement or defamation. You will need to talk with a real lawyer about that.

-Scott

You took the pictures, and you own 'em. Simple as that.

If this is something that's worth some money, hire a lawyer. If it's not, don't do a thing. And she's not your friend. The deafening silence may wake her up.

Copyright the photos immediately.
She doesn't have a licensing agreement/contract for her to use the images, so she can't argue that she hired you.
Take screenshots of all the harassing comments/photos, potentially could lead to a defamation of character suit. Contact a lawyer about that.

The watermark should make proving copyright infringement easier but it is not necessary. You have a copyright to the work, whether or not you register it. She is also guilty of libel if you were not fired and she said you were. Making t-shirts with your logo is also copyright infringement and may even be unfair business practice based on the laws in your state. She really needs to grow up. Hire a lawyer and have him send her a cease and desist letter. That should wake her up.

sspellman wrote in post #11801936
The Federal Copyright Laws and DCMA are substantially different than using the Facebook Image reporting process. Copyright is granted at creation, and you can file a DCMA notice to FB without registering the copyright with the US Govt. The registration process is more concerned with federal lawsuits over usage involving very expensive lawyers. The registration process needs to be completed with 90days of infirgements for full damage claims in federal court. Unless you want to spend $10,000 in legal fees, you will choose to not file a federal copyright suit for damages.

Facebooks Image reporting process is different and internal to FB. There are options to reply and the person affected can give their version of the facts. in your complaint to FB, you should specify that the person has no written license document that authorizes use of the images. They will be unable to produce it and FB should eventually side with you in the dispute and delete them.

As for your other issue of them wearing Tshirts, etc. Its a free country and protected by free speech until you make a claim of harrasement or defamation. You will need to talk with a real lawyer about that.
-Scott

Yea as far as facebook all I have to do now (since she countered my original complaint) is to let them know I am proceeding legally and they will keep the content off facebook.

As far as the tshirts im mainly referring to the use of my logo. Which is another thing since the guy I paid to design my logo is the one that is offering to provide it for the T-Shirts!

KaiserSose wrote in post #11801955
You took the pictures, and you own 'em. Simple as that.
If this is something that's worth some money, hire a lawyer. If it's not, don't do a thing. And she's not your friend. The deafening silence may wake her up.

Def worth money. I worked my ass off on that shoot for free because it was for a good friend of mine. For someone I HATE (and yes I mean HATE!) to take the photos and use them makes steam come from my ears.

noxcuses1 wrote in post #11801959
Copyright the photos immediately.
She doesn't have a licensing agreement/contract for her to use the images, so she can't argue that she hired you.
Take screenshots of all the harassing comments/photos, potentially could lead to a defamation of character suit. Contact a lawyer about that.

Yea I have all that. They thought they could make a group about me and since it was secret noone would know. What they dont know is some of the people in the group have turned on them and are giving me all the info I need. They are even letting me log into there account so I can screen print everything myself. I have good friends. lol

mckinleypics wrote in post #11801983
The watermark should make proving copyright infringement easier but it is not necessary. You have a copyright to the work, whether or not you register it. She is also guilty of libel if you were not fired and she said you were. Making t-shirts with your logo is also copyright infringement and may even be unfair business practice based on the laws in your state. She really needs to grow up. Hire a lawyer and have him send her a cease and desist letter. That should wake her up.

Do I need to hire a lawyer for that? I have one if I need to but I hate asking for favors (since I have asked before). Maybe go on lawdepot and pay for the form and add my info to it? Then I could send it certified. Whats your thoughts on that?

Maybe you should have let her use the pic, with the condition that she have a link to YOUR website, and in turn you would have a link to hers. If she thought the photo was garbage, she wouldn't want to use it since it would make her work look bad.

What did you do to piss these people off?

^I'm curious too.

Yeah... yeah!

Red Tie Photography wrote in post #11802455
What did you do to piss these people off?

LOL.....that's what I was thinking....what on earth did you do to make people so mad at you that they're willing to make and wear t-shirts to denounce you? Certainly you can't be totally innocent here

Executive Images Photo wrote in post #11802141
Do I need to hire a lawyer for that? I have one if I need to but I hate asking for favors (since I have asked before). Maybe go on lawdepot and pay for the form and add my info to it? Then I could send it certified. Whats your thoughts on that?

This was my first thought to. I think the lawyers just have a book of forms they add a few personal details to and print it out.

it might have been worth registering the pictures with the government, took pictures of her defaming you, and then sue her for copyright infringement and for the defaming.

Im not sure, but if you are a member of PPA I think their lawyers help you with the copyright stuff, and the membership fee's cover it. not 100% on that though.

jra wrote in post #11802630
LOL.....that's what I was thinking....what on earth did you do to make people so mad at you that they're willing to make and wear t-shirts to denounce you? Certainly you can't be totally innocent here

Unless he has horns growing from his head, or managed to steal christmas, no one is deserving of that level of punishment. It sounds to me like this woman is absolutely bonkers--I'd have to assume that she has some hippie fans, and she's encouraging them to stand in for her to disrupt his business. The question isn't what HE did, the question is what he can do to make the crazy lady go away.

MOkoFOko wrote in post #11806904
Unless he has horns growing from his head, or managed to steal christmas, no one is deserving of that level of punishment. It sounds to me like this woman is absolutely bonkers--I'd have to assume that she has some hippie fans, and she's encouraging them to stand in for her to disrupt his business. The question isn't what HE did, the question is what he can do to make the crazy lady go away.

Actually, if this makes it into the legal system it will be very important to know what he did. Her defense will include cause & effect and all that stuff.

OP had to have done something pretty out there to be hated this much and to hate the woman that much. It takes a lot of time & energy to mount an anti-campaign. Heck even the logo designer is on the woman's side in this.