Copyright violation. What would you do? Is it worth pursuing?

[prolesunited]

Patriotic Americans Boycotting Anti-American Hollywood has stolen one of my DC photos and put it on their site. I thought it was simply just linked to my site so I was just going to switch it out on my site (someone suggested Rumsfeld shaking hands with Saddam LOL!) but the have actually swiped my image and put it on their server.

http://pabaah.com/modules.php?set_albumName=album04&id=Misfits_Galore_aka_ANSWER&op=modload&name=gallery&file=index&include=view_photo.php

So what should I do? Ignore it. They have less than 1,000 members. Or should I try to pursue it? What would be the proper course of action? How do I protect myself should they try to retaliate?

The irony is their major campaign is getting CBS to pull the Reagan movie and their name is Patriotic Americans Boycotting Anti-American Hollywood. :eyes: Woosh! Apparently went right over their heads.

[WilliamPitt]

1. Write them an angry email

I hear that works. :)

[prolesunited]

4. LOL!

So it does. :D

Thanks again! I've gotten nearly 1,100 page views on that link and a half dozen really nice e-mails.

However, in this case, I'm not looking for credit. I want it removed from their site. I certainly don't want my work displayed there. :puke:

[WilliamPitt]

6. I was serious

Go upside their head. They stole your property.

[Tom Yossarian Joad]

2. You can probably get them to remove it without much effort but

with no copyright notice on the page, you'd be hard pressed to do much more than that.

I'm sure that there are others on the board who would know more about the subject, but that's my best guess.

[GAspnes]

3. certainly worth protesting to them

so they know that you know.

[chrisesq]

5. Don't need a copyright notice anymore

After approx. 1992, any original work by an author that is fixed in a tangible medium is protected under copyright law.

My suggestion is to write the webmaster, or whoever is in charge of the site, that they are in violation of copyright law by copying your work and displaying it on their website.

Make the e-mail polite, yet firm. No need to get an attorney at the present time.

Say something to the effect that this is your original work and they have copied it and displayed it on their site without your permission. Ask them to remove it within a specified time period. Tell them that you will check back at the end of the time period. Say that if it is not removed, you may be forced to seek legal recourse.

These are just suggestions.

[prolesunited]

7. Didn't you just pass the bar?

I bet these are pretty good suggestions. Thanks!

[chrisesq]

9. Yes I did just pass

I clerked for a firm that did a lot of copyright after my 2nd year.

No problem, glad to help out.

[foo_bar]

11. tangible media

any original work by an author that is fixed in a tangible medium is protected under copyright law.

I think the law is more ambiguous regarding fair use doctrine, especially where (non-commercial) satire is concerned. Still they'd have to photoshop Hitler mustaches or something.

Say something to the effect that this is your original work and they have copied it and displayed it on their site without your permission. Ask them to remove it within a specified time period. Tell them that you will check back at the end of the time period. Say that if it is not removed, you may be forced to seek legal recourse.

If you want to pursue this route without the "I'm not a lawyer, but" pissing match, invoke the Digital Millenium Copyright Act (section 512). Here's a decent template:
http://www.system.missouri.edu/ip/dmca/claim/claim.html

Here's the statute in question:
http://www.copyright.gov/title17/92chap5.html#512

[HEyHEY]

8. Tell them to take it down before you take action

[david_vincent]

10. You should fight it. If the situation were reversed, there's no question

that they'd come after you.
chrisesq has given excellent advice. You might also add a comment that the courts in recent years have been increasingly protective of copyrights.

[SoCalDem]

12. Here's their gallery..any more of yours there??

http://pabaah.com/modules.php?set_albumName=album04&op=modload&name=gallery&file=index&include=view_album.php

[prolesunited]

18. Thanks for bringing that to my attention

They've stolen SIX other photos in addition to that one.

Page three bottom row are all mine with the exception of the one that says "Hey Freepers"
http://pabaah.com/modules.php?set_albumName=album04&op=modload&name=gallery&file=index&include=view_album.php&page=3
and page for, second and third shots
http://pabaah.com/modules.php?set_albumName=album04&op=modload&name=gallery&file=index&include=view_album.php&page=4

Here's my sites where they stole them from
http://homepage.mac.com/prolesunited/PhotoAlbum51.html
http://homepage.mac.com/prolesunited/PhotoAlbum44.html

This is worth a chuckle, though. They stole photos of themselves that I put in an album titled "Freepers and other haters"
http://homepage.mac.com/prolesunited/PhotoAlbum45.html

[TreasonousBastard]

13. As others have said...

at the very least write them a letter of protest. It's your copyrighted material and you gave them no permission to use it.

Request that they remove it. Try to be firm, but not pissy. A polite and firm request often works better than pissig them off and getting their backs against the wall.

It's entirely possible that they'll ignore you or tell you to piss off, and then you'll have to decide if it's worth it getting a lawyer and taking legal action.

On the other hand, odds are someone there knows to honor the copyright.

[jonnyblitz]

14. so it WAS one of your pictures...

interesting.

[prolesunited]

19. Yes, it was

Thanks for bringing it to my attention.

:hi:

[JCMach1]

15. Send them a cease and desist e-mail

:)

[ProudGerman]

16. Sue them blind

Hey, they love capitalism and out of control corporations running this country, so give them a taste of their own medicine. If you had a Nike swoosh on your website, you'd find out about Nike's displeasure by hearing from their lawyers. Do them one better, let these knuckle draggers find out about your displeasure over their theft of your intellectual property when they are served subpoenas.

Why be nice to them, you're the unAmerican communist slime remember?

[Robb]

17. I agree with most here

Write them a polite letter, then give up. Seriously. It's a headache you'll feel more than them, and I'd bed they have next to zero assets to threaten.

Some fundie radio website called "Power Hour" swiped a bunch of my stuff, basically posted a story I had revised after they stole it. I wrote to them telling them to take it down, that the piece had been revised elsewhere and was no longer accurate, that I was receiving email asking questions the revised article addressed, etc. They reply was "Thanks for permission to post your article" and a link to a wild intepretation of "fair use":

FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

I smelled pain in the ass, and walked away.

[prolesunited]

21. How could that have been considered fair use?

Didn't the Freepers lose their lawsuit with the Post and the Times, even though they used this as an excuse?

I'll try nicely to get them to take them down, but frankly, they do intimidate me a bit. I've seen how viscous they can be.

[Rhiannon12866]

22. It sounds like it to me, as well, but a firm, succinct letter

should be your first course of action. Don't forget to document everything and keep copies of your correspondence. I'm sorry that this had to happen to you.:-(

[Wednesdays]

25. Don't let anyone intimidate you!

I'll try nicely to get them to take them down, but frankly, they do intimidate me a bit. I've seen how viscous they can be.

Don't let the thugs intimidate you! Fer God's sake, you have the law on your side! Go to a lawyer--a good lawyer will turn the tables on the miscreants. If money is an issue, go to the local Public Defender and/or law department at your local university.

[prolesunited]

26. I know I have the law

on my side. That's not the issue. Do you remember what this sort did to the waitress at Chuy's? Sure, they were wrong, but the made her life miserable all of the same. I would like to think I'm brave and strong, but these brownshirt types are scary.

Anyway, it's a moot point because somebody at that site much have seen this post and they took the photos down already.

[nuxvomica]

20. I think you definitely have a case

If you get no satisfaction, try compaining to their ISP.

[prolesunited]

23. Hahahaha!

I had forgotten to pursue this and just looked at it again after someone bumped this to the top. I checked and they took all of my images off of their server.

Apparently, they have people here reading DU and gave them a heads up. LOL!

Good, saves me the aggravation!

[pmbryant]

24. Great news!

Glad to hear this has been resolved peacefully, with a minimum of aggravation. :-)

--Peter

[Rhiannon12866]

29. Terrific news!!!

I'm glad that this was resolved for you so easily! I guess we shouldn't be so judgmental of the Freepers who lurk on DU! LOL!:-)

[arwalden]

27. Send Them A Bill. License The Photo To Them...

... make some money off of them. Say $10,000.

-- Allen

[TBURNS]

28. Copyright

If it bothers you, i would certainly pursue it.

T.B.
http://conservativeissues.com
Balancing out Politics