Advice needed, ASAP [OT]

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Pat - 26 Nov 2005 15:32 GMT

I know we have some artists in this group so am hoping one of you can advise
me regarding how to stop copyright infringement.

I recently discovered that someone to whom I once gave copies of some of my
photographic work (as a personal gift/memento) has published some of it
online, on a website, without my permission.

The first time it happened, the photo was one that had been previously
published in a magazine, so it was easy to prove my ownership and get the
photo removed from the site by the hosting company.

This time, it's a photo that I have never published before, but I do own the
negative.

The worst part is not that the photo is being used without my permission,
but that it is being used to promote fraud.

I contacted both the hosting company and the larger company which rents
server space to the smaller one, and complained. The whole site was shut
down within hours, being that this was the second complaint of the same
abuse by the same person.

But now the site is back up, my photo is still there, and no explanation for
the action has been received.

Complicating matter is the fact that the responsible parties are all located
in the UK, and I can't afford to hire an attorney.

What's my next step? Has anyone here been through anything like this, or
known anyone who has?

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bebo - 26 Nov 2005 15:39 GMT

"Pat" <pdavis@fidnetspamfree.com> wrote in message news:udSdnWK9kb6aHRXeRVn-

> Complicating matter is the fact that the responsible parties are all located
> in the UK, and I can't afford to hire an attorney.
>
> What's my next step? Has anyone here been through anything like this, or
> known anyone who has?

this has never been done to me.
what trolls! wow

what is the link, I'd like to see the photos...

Do you mind them using your photos, and you would like to get paid?
Send them an invoice. or...
if they are selling a product, make an anonymous product inquiry, till you
get someone on the phone or chatting in email...then you got the right
person on the line.
Get addresses etc...?

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Pat - 26 Nov 2005 15:44 GMT

"bebo" <1@1.com> wrote in

> this has never been done to me.
> what trolls! wow
>
> what is the link, I'd like to see the photos...

I don't want to share the link here. The use of the photo (not the photo
itself) is too indecent.

> Do you mind them using your photos, and you would like to get paid?

YES I MIND. It's not money I want. I just want it stopped!!!

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bebo - 26 Nov 2005 16:03 GMT

"Pat" <pdavis@fidnetspamfree.com> wrote in message

> I don't want to share the link here. The use of the photo (not the photo
> itself) is too indecent.

dang, that sounds crappy of them

> > Do you mind them using your photos, and you would like to get paid?
>
> YES I MIND. It's not money I want. I just want it stopped!!!

I'm sure you know a course of action, but as you say, you're not trying to
spend alot of money.

I had a site mis-use some of my content. I wrote them an email and asked
them to take it down.
They would not reply, I gave them about 3 days... I went here
http://resellers.tucows.com/whois to get the contact info for the site's
owner.
(it's out there, sometimes you gotta dig to get it)

I got lucky and in the first try, got the dudes home number, and first name.
I call him up at home and said..."Hey John!, When are you going to remove me
from your site"...
He was speechless! He said, I'll do it right now!
I got my satisfaction.

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Pat - 26 Nov 2005 16:12 GMT

> I had a site mis-use some of my content. I wrote them an email and asked
> them to take it down.
[quoted text clipped - 10 lines]
> He was speechless! He said, I'll do it right now!
> I got my satisfaction.

I know the people who are doing this and have already contacted them. It's
no use. The site owner and hosting company are in collusion, and whatever
story they came up with has been bought by the company from which the server
space is rented.

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jmcquown - 26 Nov 2005 16:44 GMT

> I know we have some artists in this group so am hoping one of you can
> advise me regarding how to stop copyright infringement.
[quoted text clipped - 26 lines]
> What's my next step? Has anyone here been through anything like this,
> or known anyone who has?

It's very difficult to prove copyright infringement or abuse if you've never
actually copyrighted the work. All of my poetry is legally copyrighted and
also on file with the Library of Congress.

Although technically a "copyright" exists when you create something written
or on paper, it's very legally difficult to prove. Unless you filed for
copyrights for your photos, it's probably going to be very difficult for you
to do anything to stop this, other than to ask the owner of the website to
cease. Whether they do or not is going to be up to them.

Jill

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bebo - 27 Nov 2005 02:09 GMT

"jmcquown" <jmcquown@bellsouth.net> wrote in message

> It's very difficult to prove copyright infringement or abuse if you've never
> actually copyrighted the work. All of my poetry is legally copyrighted and
> also on file with the Library of Congress.
> Jill

I think the OP should decide if she will sustain any personal or monetary
damage as a direct result of this. This is important.

If the answer is no, she may consider dropping this altogether, and then she
has resolve.

Or...She may need to spend $400.00 on an American Lawyer to send a letter,
showing and alleging her rights.

If it had to goto court, I would think the burden of travel would be on the
offender..
however, seeing that the law is an a.s...it may be the other way around.

If I knew for a fact that the offender had money, she could possibly hire an
attorney on contingency, or pro-bono if it has the potential to be a
noteworthy case.

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