Anybody any experience pursuing Facebook/Facebook user for copyright infringement?

<p>Image stolen from Getty Images library and posted on a Facebook page. Has anyone any positive experience resolving online image theft? Thanks.</p>

<p>You shouldn't have any trouble getting Facebook to respond to a DMCA take-down request. The infringer, in this case, is Facebook's <em>user</em>, not Facebook. But they will help.</p>

<p>Thank you Matt. I am sure Facebook will remove the image but I wish to pursue the offender for damages and consequential losses. This may sound trivial but in this case it probably will have impact on sales of this particular image.</p>

<p>Doesn't sound trivial at all, just like a lot of work! Those damages have to have be pretty high in order to cover your own legal costs in going after the infringer (who ... is, or is not even in the US?). I hate to say, "good luck!" - but I do, because even though this sort of thing is pretty straightforward, it's a long hard slog. I presume the work is registered, so it may be that you're better off just sending an invoice or a settlement offer, and making it clear how much less trouble that's going to be for the offender than will be a trip to federal court. Lawyer time!</p>

<p>I found a professor at a large American university using one of my images in his FB portfolio. I guess I could have made things nasty by contacting his superiors but in the end I just sent him emails until he took it down.<br>

My image was also held by my stock agency and shared with Getty, through whom I get most of my stock sales. I would get them to go after the perp as they are pros at dealing with theft.</p>

<p>Thanks again for the replies. UK issue. I am not unfamiliar with copyright infringements - I am sure we have all had the issue at one time or another in our long professional lives. I am just unfamiliar with online thefts and in particular with social interactive websites. The image in question is, indeed fully copyright protected so I will probably refer it to copyright solicitors but welcomed the experiences of colleagues. </p>

<p>I just had a response from facebook saying that they'd taken down some images that I had made a complaint about.<br /> Facebook isn't really very helpful. It almost seems that their site, help pages, etc are set up so that it is difficult for you to find a method of contact or a contact that will actually take responsibility for something.<br /> Their online form for "Report an unauthorised photo" is annoying and often just reports an error. I did manage to submit it a couple of times but no action seemed to be taken. Eventually, I got an email asking for complete details of the images, etc so I replied and also offered to take legal action if they did not resolve the problem. I'm not sure if that particular comment made the difference, but something seems to have worked.<br /> Here'e the link if it's useful to you:<br /> <a href="http://www.facebook.com/help/contact.php?show_form=unauthorized_photos">http://www.facebook.com/help/contact.php?show_form=unauthorized_photos</a></p>

<p>Actually Matt's idea of sending an invoice or settling independent of the legal system seems like a good idea. If you did sue, is it likely, feasible or possible to sue for your legal costs as well? Always wondered about that one..<br>

Good luck.</p>

<p>Thank you Seth. I agree, the link you posted indicates that Facebook don't take the copyright infringement and photographers rights particularly seriously. (" If the photo is removed, you will not receive an email confirmation, but you will no longer see it on Facebook. If we take no action, you will receive no follow-up email.")<br>

Bizarrely the image in question has been used to reinforce an argument between Facebook account holders discussing an international, high profile copryright infringement issue - Lucasfilm v Ainsworth and discusses the ability of UK courts to enforce US judgements.<br>

For that reason alone I am inclined to take the matter further as the image use indicates an amount of hypocrisy by the poster. I think a phonecall to solicitors tomorrow morning may be on the cards. Thanks all again. </p>

 

<p>If you're serious about going after Facebook, I recommend that you stop posting here and contact a lawyer. Anything you post here lives forever.</p>

<p>Is it likely that the infringer can afford to pay the sort of damages you are thinking about claiming for? If not. then it is probably not worth the effort. Just put in a complaint to Facebook to get them removed.</p>

<p>If it was a company using the image for advertising then it would make sense to pursue it but an individual Facebook user - probably not.</p>

 

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<p>The image in question is, indeed fully copyright protected</p>

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<p>As is every other image from the moment it is created.</p>

<p>Thank you Barry. I have nothing to hide but I take your point.</p>

<p>It seems like Facebook just posts whatever images people submit to them, but Getty seems to be the one who let their guard down and had the image stolen from them. Who's to say anymore images won't get stolen from them? </p>

<p>I can only imagine the astronomical odds of running across a FB page which has your image on it so it would seem Karma at least is on your side!</p>

<p><em>I know you cannot but I am curious to see what someone would steal from Getty to put on their FB page. I suppose I am naive. Other than to say "this is an image I like" why would someone take a random stock image and put it on their FB page? What would be the point? My page has only occasional shots, my friends know my work- or are in it- so there is no reason to post work and I don't take snaps. My friends pages tend to be personal work, party pics and of the "here we are in Bali" variety images. The two gallery owners post images for sale as well.</em></p>

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<p>but Getty seems to be the one who let their guard down and had the image stolen from them</p>

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<p>You appear to know that it was lifted from Getty rather than from a licensed user of the image. Where did you get this information?</p>

<p>Edward Greenberg in New York City deals with infringements very effectively. <strong><em>T</em><em>he problem with sending them an invoice is that </em><em>you don't where else or how else they are using the photo so how can you possibly know how much to bill for?</em></strong></p>

<p>Jeff,<br /><em>"You appear to know that it was lifted from Getty rather than from a licensed user of the image. Where did you get this information?"</em><br />Colin wrote: "Image stolen from Getty Images library and posted on a Facebook page." <br />Where did you <em>think</em> I got the information from?</p>

<p>How does anyone know it was stolen from the Library? So the original poster must have some information. All of my lifted photos, have been lifted from client sites, but there is absolutely no way to tell that if it comes from a stock agency.</p>

<p>Jeff and Eric, the image files existed only in 2 places if that helps - one of those being in my library. Facebook are very helpful in an ongoing saga. Thank you.</p>

<p>Jeff,<br />Calm down, I'm not trying to get you all worked up. I may not have worded it properly but my point is why does Colin have to hunt down anyone or hire an attorney out of pocket all by himself? If it's from the Getty library doesn't Getty stand to lose also? It probably won't require attorneys but I'm sure Getty has a whole staff of attack lawyers on it's payroll. Colin should definitely do whatever he can but it seems like Getty should be involved also, if not for Colin's benefit then for their own. Just like Facebook is helping out because they don't want to develop a bad rep. I haven't read all the posts but I would think if you contact Getty they might want to pursue this to some degree. BTW, I don't know who got a hold of Colin's pix but I think I may know who really shot JFK and where Jimmy Hoffa is buried.</p>

Sorry to revive a very old thread, but it shows in a Search that I just did.

 

If an image that you've licensed to Getty is infringed, you must first notify Getty and get them to state whether they will pursue a claim, or not. If they pursue the claim for themselves, then you'll receive a portion of any settlement, at your royalty/commission rate. If they do not pursue the claim, then you're free to do it on your own behalf.