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jfs jfs
 
August 22, 2009 06:17 PM

GUY STOLE MY IMAGES!! What can I do?

A guy in England stole 13 images from my website,
they took HOURS of work... what can I do????

I use Google Adsense, they are my income.
I can't believe this..he just stole them!@!!
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August 22, 2009 06:39 PM
Send him a formal *non-threatening* "Cease and Desist" e-mail. Don't bluff about "your lawyer" if you don't have one. Don't rant and rave. Just make it sound routine and official (I've toned the text down just a tad from the link):

http://www.utsystem.edu/OGC/INTELLECTUALPROPERTY/contract/cease.htm
_____________________

Caesar D. Cyst
123 Anystreet Ave.
Liberty City, PA
94932
http://ceasendesist.com
cdc@ceasendesist.com
808.808.8080

Dear {NAME}:

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled {INSERT IMAGE NAMES} (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in {DATE}, and have copyright therein. Your work entitled {NAME OF INFRINGING WORK} is essentially identical to the Work and clearly used the Work as its basis. {GIVE EXAMPLES IF NECESSARY}

As you neither asked for nor received permission to use the Work as the basis for {NAME OF INFRINGING WORK} nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I ask that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or 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 {DATE - about two weeks from now}, indicating that you have fully complied with these requirements, I shall take further action against you.

Sincerely,

Caesar
________________________
Source(s):
http://www.utsystem.edu/OGC/INTELLECTUALPROPERTY/contract/cease.htm

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August 22, 2009 07:36 PM - New Source
...and contact the website/webhost as @stevendiggsjr suggested if you found the proof they were taken by seeing them on another site.

Best advice ever though is never post anything online that you don't want "stolen". It's like putting a valuable painting on the street corner then being upset when someone mistakes it for public domain.

If your image was hotlinked to a site where the person saw no copyright information next to it or way to contact you to get permission, their taking and using the image(s) may not have been so nefarious (unless he's claiming them as his own original works of course).

If you insist on posting images online anyway, consider watermarking them with a special program (or service) that can track the images for you. This is often enough "proof" for action to be taken against others.

http://www.makeuseof.com/tag/watermark-your-photos-with-watermarklib-to-prevent-them-from-being-stolen-windows/

http://www.networkworld.com/newsletters/sec/0103sec1.html

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August 22, 2009 09:19 PM
great letter. I would not note "take further action" unless you had a plan to do so. I'd carbon copy publicly the ISP, domain host, or any other legal entity that seems to be hosting the photos. They will be in trouble, too, for hosting illegal things. Our ISP for example will CANCEL an account, if there are illegal activities, including simple copyright infringement of photos.

good luck!!

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August 23, 2009 03:26 AM
Oh, that's great. And I can see how "free for private use" would be confusing.

I know legal mumbo jumbo can seem intimidating, like you need a lawyer to write up documents, but you really don't in many situations. It sounds like you are being very generous with your art and want people to see and use it, so I would highly recommend going to this site:

http://creativecommons.org/choose/

...and writing up your own license. It's actually kind of fun, in a nerdy copyright aware sort of way. You can specify all sorts of things to give your fans the right to use your work in all sorts of creative ways, without infringing on rights that you want to retain.

Have fun and I'm very happy to hear how simply and easily this all worked out.

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August 22, 2009 06:26 PM
Contact whatever site he is using them from. I had my band's logo stolen by some guy for a T-shirt and got the site to take it down.

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Helpful: silverhammer, jfs

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