What to do when your photograph got stolen ?

JeffB · 12-11-2016, 04:39 PM

Step #1 is to capture evidence of the violation. I hope you saved screen grabs of your image being misused.

Next decision is whether you want any type of future business relationship with the party that misappropriated the image. If you do, take the opportunity to reach out (as you sort of did) and offer them the opportunity to properly license your image for a fee.

If they refuse option #1, or you have no interest in potential future work from the violator, go on full offense. Have a legal rep send a cease and desist letter to all parties involved.

Wheatfield · 12-12-2016, 06:39 PM - **1 Like**

Originally posted by mikerigel

Yes, I'm well aware about the potential cost of going after her... the funny thing is it's not particularly a great photo, and I don't even care about getting money out of her.. it's just by principle, like you said, to let her know it's wrong for her to do this..

Thanks for your input.

Issue a DMCA takedown notice to her ISP.

serothis · 12-22-2016, 11:13 AM

Originally posted by pathdoc

Get in touch with the people who paid her for the review and tell them what she did.

Originally posted by MadMathMind

This is a really good idea. They don't have any legal responsibility in the matter but they may well worry someone else is writing the content. From their perspective, content is content but if people start slapping "FALSE REVIEW" on them, they're in big trouble with the public, so they need to make everything look as clean as possible.

Sorry for resurrecting this thread but wanted to add something else

I'm in agreement with @pathdoc and @MadMathMind about approaching the blog host. By the description in the first post she also violated 17 U.S. Code § 1202 - Integrity of copyright management information. Adding false copyright information is also illegal. The blog host should be much more compliant about removing the offending images. It's one thing to use an image you don't have rights to. it's another to falsely apply your own copyright info to work that is not yours.

@mikerigel did you add copyright info to the exif info? Maybe she wasn't smart enough to remove it. that would be a nice smoking gun. If you did add your copyright info and she removed it, that's a second violation of the code I linked above.

As always consult a real lawyer. These are just things to consider. Good luck.

JeffB · 12-22-2016, 01:51 PM

I am not sure that MadMathMind's statement regarding the purchaser of the stolen content is accurate.

Originally posted by MadMathMind

They don't have any legal responsibility in the matter

At the very least their ownership or right to use said stolen content would be void. That I am sure of. Legal consultation would be needed to see if further damages could be collected from them. Just the threat of going after the "deep pockets" of the business that may have inadvertently purchased the stolen IP could be enough to push them to in turn go after the real perpetrator. That is what I call leverage.

I'd suggest reading through the DOJ guidelines too. https://www.justice.gov/criminal-ccips/file/891011/download

**RGlasel** · 12-22-2016, 04:20 PM

Originally posted by pathdoc

Get in touch with the people who paid her for the review and tell them what she did.

Excellent suggestion.

In the upside down world of the Internet, she needs "legit" references to keep her online name in view and get eyeballs. Actually getting paid for content, however little a sum it might be, is the best reference going, if she has to start manufacturing interest in what she has to say, she will get the online fate she deserves, which is oblivion. Very few people "unfollow" so the monetary value of having 8000 followers instead of say 6000, is pretty minor, especially if 7000 of them are digitally dead.

mikerigel · 12-27-2016, 03:19 PM - **1 Like**

So quick update, I have been in contact with pixsy.com and after doing a preliminary review of my case with all the proofs, they feel it's strong enough and decided to send it to one of their law firm for further review and action.
Still no guarantee right now and it usually takes 3 to 6 months to resolve a case so we'll see.
It probably wont be much money on this case, but at least, I hope that having a law firm contact the blog owner should scare her enough to start paying for her photos from now on!

Originally posted by serothis

Sorry for resurrecting this thread but wanted to add something else

I'm in agreement with @pathdoc and @MadMathMind about approaching the blog host. By the description in the first post she also violated 17 U.S. Code § 1202 - Integrity of copyright management information. Adding false copyright information is also illegal. The blog host should be much more compliant about removing the offending images. It's one thing to use an image you don't have rights to. it's another to falsely apply your own copyright info to work that is not yours.

@mikerigel did you add copyright info to the exif info? Maybe she wasn't smart enough to remove it. that would be a nice smoking gun. If you did add your copyright info and she removed it, that's a second violation of the code I linked above.

As always consult a real lawyer. These are just things to consider. Good luck.