# What do I do now?



## Fiendish Astronaut (May 12, 2011)

A website of a well-known and large music venue has taken a watermarked image of mine from Flickr (where my license is set to all rights reserved) and used it in their live listings. I emailed them nearly three months ago to ask them politely to take it down. No response. So I emailed them again... still nothing. So I emailed the company that designed the website. I got an apologetic reply by that company telling me they'd raise the issue with the site and ask them to check for other such images.

It's May now and the image remains. What should I do next?

I have not posted the link in case I'd be breaking some sort of rule, however happy to do so...

Thanks!


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## loopy (May 12, 2011)

> What you might not know is that the DMCA has built in protection for web hosts, so they can not be held liable if a client is hosting a website breaking the DMCA.  In exchange, the web host has to promptly remove or block access to the content in question.


 -Source

Try using whois to find out who hosts the site.


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## CCericola (May 12, 2011)

Consult a lawyer.


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## tirediron (May 12, 2011)

First, decide what you want.  Do you simply want the image removed, do you want compensation (I'd say you should receive something), do you want credit, or do you want to take them to court.  Then find an IP/Copyright lawyer in your area and discuss the matter with him/her.  Often a well drafted letter from a lawyer requesting payment will do the trick.  This is going to cost you a few hundred dollars (at least) out of pocket up front, but hopefully you'll be reimbursed.

Good luck!


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## Bitter Jeweler (May 12, 2011)

You need to accept that by posting your images on the interwebs, there is a chance they will be "stolen" and used without permission.

My big tip to you for posting on Flickr, is *DO NOT TAG OR TITLE YOUR IMAGES*.

It is convenient for you to be able to find "that" one image you want to show someone, but keep in mind, your images are found by people searching using tags and titles.
In tracking the Flickr usage data, I have yet to find usage of any of my images that are not tagged or titled. Flicker is easily abused as free stock photography. You can limit it a great deal. Again, it's not ideal, but you will be searched much much less.


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## c.cloudwalker (May 12, 2011)

Bitter Jeweler said:


> You need to accept that by posting your images on the interwebs, there is a chance they will be "stolen" and used without permission.
> 
> My big tip to you for posting on Flickr, is *DO NOT TAG OR TITLE YOUR IMAGES*.
> 
> ...


 
I'm giving you a like because it is useful info for some people.

However, I think this has nothing to do with the OP's problem. For all we know, he does want to sell and he HAS to tag them so that people can find and buy them.

So, I say, SUE the darn bastards!

But seriously, talk to a lawyer. I don't know anything about your lawyer system in the UK but I imagine you have some who specialize in intellectual property cases and that's who you want to talk to. Not the guy who does your last will and testament. Good luck.


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## Bitter Jeweler (May 12, 2011)

c.cloudwalker said:


> I'm giving you a like because it is useful info for some people.
> 
> However, I think this has nothing to do with the OP's problem. For all we know, he does want to sell and he HAS to tag them so that people can find and buy them.


 
Ya pays your monies, ya takes your chances.
My point, if you post them, them can be stolen. I hardly consider Flickr to be a place for selling.
I am willing to bet, through Flickr, for every one image you *find* being used without permission, there are three you will never know about. :greenpbl:


I am not commenting on what to do in this situation, beyond, why wait 3 months before contacting them again?


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## mishele (May 12, 2011)

You can also contact flickr. I don't know how much help they will give you but they can put pressure on people to take it down. I've read other stories about them helping. It might be worth a try.
I did hear it was a bit of a process though.


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## KmH (May 12, 2011)

I'm not sure how it works in the UK but here in the US: Help! I've Been Infringed!


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## KmH (May 12, 2011)

mishele said:


> You can also contact flickr. I don't know how much help they will give you but they can put pressure on people to take it down. I've read other stories about them helping. It might be worth a try.
> I did hear it was a bit of a process though.


Flickr will worry about covering their own ass, and act according the OCILLA statutes:

Online Copyright Infringement Liability Limitation Act - Wikipedia, the free encyclopedia


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## c.cloudwalker (May 12, 2011)

Bitter Jeweler said:


> My point, if you post them, them can be stolen.


 
Don't get me wrong Bitter, I totally agree. And that is why you won't find any of my photos on the web unless they are posted by others such as agencies that have a vested interest... And in that case it is their problem if I find them stolen. They still have to pay me. 

I also agree with the "why wait 3 months?" thing.


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## Fiendish Astronaut (May 12, 2011)

Thanks for the replies everyone.

re: the three months. To be honest I've been quite lax, and it's not a huge deal to me as the existence of that particular page is not damaging to me. However it is a point of principle - they can't just take photographers images like that and the practice of lifting photography like that is damaging to the photography industry. Should have acted sooner but no point losing hair about that now. I've been pretty ill recently too so my mind's been contemplating more important personal matters...

At first I was happy for them to take it down and leave it at that, but now they are just being plain cheeky so I'm going to send them an invoice via a lawyer I think.


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## c.cloudwalker (May 12, 2011)

You think?

Can I fooking steal your photos?


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## imagemaker46 (May 12, 2011)

Lawyer-big invoice-let them deal with the lawyer.  Too many pricks out there stealing images, making slight changes to them and then they figure it's ok to use them.  Just screw them to the wall.  Even if they take the image down they will still be holding an invoice from you.  Don't give up on this.


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## bennielou (May 13, 2011)

As someone who has had my photos stolen about a zillion times, the copyright deal doesn't work overseas.  The only thing that has worked for me was to prove to the internet provider that my photos were jacked.  And for good measure I also spread the word with all my photo friends who ultimately humilate the poster via very public internet outrage, to take the photos down.  (They normally steal my photos as well as others).  Public Internet Humiliation works way better than you could ever imagine.


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## mishele (May 13, 2011)

bennielou said:


> As someone who has had my photos stolen about a zillion times, the copyright deal doesn't work overseas.  The only thing that has worked for me was to prove to the internet provider that my photos were jacked.  And for good measure I also spread the word with all my photo friends who ultimately humilate the poster via very public internet outrage, to take the photos down.  (They normally steal my photos as well as others).  Public Internet Humiliation works way better than you could ever imagine.



Webnode.com must have my pictures somewhere because that is where people are making website w/ my picture. Yes and most of the sites are overseas and they don't speak English.


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## KmH (May 13, 2011)

For international copyright protection the US (and 160+ other countries) is a signator of the Berne Convention: Berne Convention for the Protection of Literary and Artistic Works - Wikipedia, the free encyclopedia


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## j-dogg (May 13, 2011)

I dont have a Flickr and don't post anything decent on Facebook either for this exact reason. If a client wants to see what I can do, they can come look at my portfolio, printed out like old school, in person. Theft is a big deal right now with the ****ty economy major corporations don't want to pay for a photographer they're all about maximizing profits.

Stick those bastards to the wall and put the screws to them for every last dime.


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## Fiendish Astronaut (May 13, 2011)

Lawyer letter sent asking them to pay me and his (not inconsiderable) costs. It's from an established copyright lawyer who's a friend of my family - this could be fun to watch.

Re: Flickr - why shouldn't I use such a site? It's sad that internet thieves should stop me being able to showcase my images in whatever way I want and get feedback from my peers. I get joy from sharing my photos in this way and sometimes I learn a thing or two. So I'm not going to stop this practice just yet although obviously it is not appropriate to post everything I shoot (especially private commissions).


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## Bitter Jeweler (May 13, 2011)

I didn't say you should stop using Flickr. I said you should stop tagging and titling your images *IF* you are concerned about theft. Tags and titles make it EASY for people to find your photos, and use or steal them.

Search for 3 carat on Yahoo! The VERY FIRST IMAGE is mine. It gets hits all the time. It's tagged!

Images with no tags or titles, aren't searchable.* It's a tool you can use to help stop theft of your images*.


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## Fiendish Astronaut (May 13, 2011)

Bitter Jeweler said:


> I didn't say you should stop using Flickr. I said you should stop tagging and titling your images *IF* you are concerned about theft. Tags and titles make it EASY for people to find your photos, and use or steal them.
> 
> Search for 3 carat on Yahoo! The VERY FIRST IMAGE is mine. It gets hits all the time. It's tagged!
> 
> Images with no tags or titles, aren't searchable.* It's a tool you can use to help stop theft of your images*.



Great shot!

That is an option I may consider in future - and a good idea.


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## Bitter Jeweler (May 21, 2011)

Just as another example of how images are used as stock photography from Flickr...

This is quite an extensive blog/help site. A majority of images come from Flickr. To be fair, the image used of mine is under the creative commons license, credit and a link back is given.
Again, it is a tagged and titled image.


An Urban Garden for Beginners II: 14 Herbs to Grow Yourself

Scroll down, the "Chives" shot is mine. This is the third (website) time this image has been used. Only once, was I asked.


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## Stutterfly (May 23, 2011)

Just wait 'til Tumblr gets a hold of your photos... 

:banghead:


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