regarding photo theft

[FatNakedGuy]

This evening I discovered a bunch of my images being used in a slideshow and available for download on a website that I did not grant permission to use. Still trying to figure out how they got images WITHOUT watermark.

The images are registered with eco

a. Do I send a takedown letter to the site contact and follow up with their web hosting company?

b. Do I send a takedown letter *AND* a google invoice for usage, then submit for collections when they don't pay?

c.

I doubt these knuckleheads have $

Thanks!




(here is the takedown letter I have, and believe I ripped it off from photocamel but don't know who the original author is.. and these folks ripped off around 45 images of mine.. will it work or is it too harsh?)



Unauthorized Use of Photos

Dear Mr. RatBastardThief,

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled Images2008 (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, which was first published in August 2008 on xxxxxxx.com and I have registered the copyright. Your website main slideshow, which appears at www.xxxxxxx.com, is essentially identical to the Work and clearly used the Work as it's basis. In addition, identical images of the Work have been made available free of charge as a download under your xxxxxxxx.com GALLERY link.

You neither asked for nor received permission to use the Work as the basis for xxxxxxx.com nor to make or distribute copies of it. Therefore, I believe you have willfully infringed my rights under 17 USC Section 101, et seq. and could be liable for statutory damages as high as $100,000. I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies of it, and destroy such copies immediately, and that you desist from this or any other infringement of my rights in the future.

If I have not received an affirmative response from you by close of business (5 pm Pacific Standard Time) on Monday January 26, 2008 indicating that you have fully complied with these requirements, I shall consider taking the full legal remedies available to rectify this situation.


Sincerely,

[KmH]

Checkout this web site:
How to Send a DMCA Takedown Notice | Black Star Rising

[SureFire]

Yup. Time for a C n' D.

[rshunk]

[Originally posted in the wrong thread]

Can I jump in here and ask a stupid question?

How does one go about finding out if someone/site is using your photos? I seen it discussed many times on different forums, but no one explains how they found out. Is there some special way of searching?

I don't mean to hijack the thread - I was just curious.



Bob S.

[KmH]

TinEye Reverse Image Search

[swampler]

Originally Posted by 40043mo

TinEye Reverse Image Search

Same answer I posted in the "other" thread.

[KmH]

Not all members range around the forums like you do, dude.

[swampler]

Well, if someone would hire me, I wouldn't either!

[rshunk]

Thanks Steve and Keith!

Actually, thanks to Steve twice for answering my same question mistakenly posted two separate foums!!


Bob S.

[swampler]

You're welcome, Bob. Thanks for the K!

[FatNakedGuy]

I sent a C n' D to the company that provides hosting to the offending website a couple of days ago (thanks Keith!).

No response as of yet and my images are still hosted on the server..

How long would you give these folks before taking the next step? And speaking of steps, what would the next step be? Perhaps a certified copy sent to the hosting company?

All I want is for those idiots to take my photos down. I spent a lot of time and money creating them and have NOT been paid a dime for them, plus, they ripped off unwatermarked images from my smugmug site somehow which really irks me (no idea how that could have happened).

Thanks for any advice!

[swampler]

Originally Posted by FatNakedGuy

they ripped off unwatermarked images from my smugmug site somehow which really irks me (no idea how that could have happened).

Thanks for any advice!

What is your smugmug site? I have an idea how this was done, but without testing it I don't know for sure.

[FatNakedGuy]

weller.smugmug.com

specifically, images under the MUSIC folder


Thank you!

[swampler]

Well, what I was thinking of isn't it. So good news is you have them protected the best you can. Bad news is, someone is still getting them. You might try changing your password in case someone hacked your account.

[joshranwest]

Oh yeah been down this road more than once, the biggest was last year, which was so bad I quit weddings and just do portraits now. Somebody took the watermarks off and posted on myspace. Needless to say it went to court and I got financial rewards, but after that I was done with weddings and posting images online. Now, during a portrait session, they view the proofs right there, I take the order, done. Any future orders come through me too. Its unfortunate, but it saves me in the long run. I second that website TinEye Reverse Image Search amazing site.

[Unkl Buck]

Why would you post images on the internet WITHOUT a watermark? Not quite understanding? If it's on the internet, expect it to be jacked.

[keycolonymom]

I Googled my own name and found some of my pictures of Aaron Carter on someone's website.

[FatNakedGuy]

I sent a take down letter to the web hosting company hosting the site with my images and it's been three weeks now.. guess they aren't going to do anything about it..

[SureFire]

It's not always up to the "hosting company" and it can depend on location. As you have not provided the WhoIs info, we cannot really tell you much more than that. You need to have a lawyer send a real CnD.

[redmode]

I think if you get the lawyer involve then the hosting company will ban the website faster.