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How do I deal with these Arrogant Punks

published by BrandonHambright on Sat, 03/15/2008 - 7:34pm

Has anyone ever had another "photographer" (and I use this term extremely lightly) take one of your photos, and crop it so our watermark is out. I have sent a DMCA Notice (thanks to Toast's tutorial) to the hosting sites my photo has been on. However, everytime it gets deleted it gets reloaded again. At first it was on TinyPic, that was deleted. Then it was on Image Shack, that was deleted. Now it is on Image Shack again, and I have just sent in my 3rd total DMCA Notice.

This person (rather it is two people who run this myspace) seems to be arrogant enough to break my copyright. Now you might be saying "Sue their ass!", well no matter how much I would love to, I am only 16, I do not have enough money for a lawyer, and my photos are not registered with the copyright office.

I do not like other photographers claiming my work as their own. Does anyone have any suggestions on how I can handle this?

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Copyright Protection

Submitted by t0ast on Sat, 03/15/2008 - 10:27pm.

you might want to send them a email, letting them know that you are the one responsible for getting the photo deleted each time and that you will continue to do so each time they upload it. Then they will know why it keeps getting removed rather than thinking its a glitch or something. Also, the next time you send a DMCA tell the host that the person that keeps uploading it is a multiple offender and should have their IP address banned from their site from uploading again.

Submitted by walter rowe on Sun, 03/16/2008 - 8:27am.

Register your images! They are considered registered the date they arrive at the US Copyright Office. The next time they upload them after that date, they are infringing registered works. My attorney is Carolyn Wright. Contact her and she can give you guidance. She works on contingency when she knows she has a case she can win. You have a no-brainer, but you have to collect the evidence. Read all the sections of my article on Copyright Protection. The biggest problem may be determining how much you should collect from the offender, and that will be based on multiple factors.

Share the MySpace link to their profile so the rest of us can see if any of our work is being stolen.

Walter Rowe - Rowe Images
Professional Photographer
Columbia, Maryland - USA

Founder, MusicPhotographers.net
www.WalterRowePhotography.com
Columbia, Maryland - USA

Submitted by BrandonHambright on Sun, 03/16/2008 - 2:34pm.

I will do what Toast said and e-mail them directly. The second time I sent Image Shack my DMCA Notice, I did request that their account be deleted for the repeat violation. If there is a next time, I will also ask to have their IP address banned.

The persons violating my copyright aren't adults, they are teenagers younger than I am and I am guessing do not know about copyright law. The photos are just up on their myspace myspace. I do not want to be a teen suing a teen, however, if they are rude in the reply to my e-mail or ignore it, I will take the proper action. I will register all the work I have posted on my myspace and Flickr so far (and what I plan to at the time), and talk to my parents about contacting a lawyer. Since by then I would have my image registered, the offenders would have to pay all court fees, if I am not mistaken. However I doubt it will go that far.

Here is their myspace: http://www.myspace.com/ditrphotography (my photo is at the bottom of their Who I'd Like To Meet section)
Here is the photo they stole: http://flickr.com/photos/brandonhambright/2257032345/in/set-72157603887068426/

I was also wondering if there is a step by step tutorial on registering your photos, similar to Toast's tutorial on filing a DMCA notice.

Update: The third photo they uploaded has been deleted, but guess what, they uploaded it AGAIN. I havent even gotten the chance to send the direct email.

Submitted by walter rowe on Sun, 03/16/2008 - 4:45pm.

When you send a DMCA notice to MySpace again, include in your letter that the user is lying about their age and what is their real age. MySpace has specific rules and legal obligations for minors. Your letter could get their account deleted.

Regarding whether to sue another teenager, this person sells them self as a photographer. They should understand copyright law at least to a little degree. And they should appreciate that people should not steal their work. Yet they repeatedly steal yours. They don't care about you. Don't have any heart for them. Have an attorney write a letter to their parents. That might scare them a little and it will most certainly make them learn about copyright infringement.

Your other option is to write them your own letter about copyright infringement. I honestly don't think they will get the message that way since they continue to steal and repost the same photograph over and over again.

Walter Rowe - Rowe Images
Professional Photographer
Columbia, Maryland - USA

Founder, MusicPhotographers.net
www.WalterRowePhotography.com
Columbia, Maryland - USA

Submitted by BrandonHambright on Mon, 03/17/2008 - 7:44pm.

Well I got a reply back today from the offender. Mhttp://www.musicphotographers.net/comment/reply/463#comment-form
MusicPhotographers.net | The Premiere Music Photography Communityy message to them really scared her! She took it down and said she did it just as a show for love for All Time Low (she had their music play on the page). I've warned them that there are more dire consequences for what they have done, and if they had messed with someone such as Walter, they would most likely be in the court room.

I never sent the DMCA notice to myspace, only to Image Shack and TinyPic, my photo was never hosted by myspace, so they could not remove it. I really don't she is a photographer, just another Fan with a Point and Shoot.

Thank you for all your help along the way, and recommending to me a good lawyer to use.

Submitted by walter rowe on Mon, 03/17/2008 - 8:13pm.

Glad it worked out Brandon. Good job.

Walter Rowe - Rowe Images
Professional Photographer
Columbia, Maryland - USA

Founder, MusicPhotographers.net
www.WalterRowePhotography.com
Columbia, Maryland - USA

Submitted by Will Hawkins on Wed, 03/19/2008 - 3:32pm.

Brandon: Excellent!

Will Hawkins Photography, LLC. http://www.willhawkinsphotography.com