Got Sued my website.. need advice

Discussion in 'Business of Photography' started by domkuw, Nov 21, 2019.

  1. William Michael

    William Michael Moderator Staff Member

    I was discussing this a while ago: seemingly unique in the social media sphere, yet can draw likenesses to Uber's business model, not being the actual supplier of the ride but a conduit which puts the rider in touch with the driver. Similarly to a take-down request Uber will generally cancel or sternly warn a driver on a strong complaint. With this business model Uber has circumvented many of the long time laws regarding the Public Transport Sector in quite a few jurisdictions, as it seems Pinterest has done concerning Laws regarding Publication.

    WW
     
  2. “What is the best move to do?
    I need your help, Thanks.”

    Do not steal.
    Simple enough.
     
    jgw-photography and eb_kidd like this.
  3. I have experience on this kind of things but from the other side (the one taking legal action against the scrapers, people who take work without permission), I have some advice to you but it's not precise as I don't know what the other part is demanding from you, this means: the specifics. People, owners and companies can send you kind letters to stop using their material, invitations to negotiate, remove, cease and desist, etc... and also can send you plain and direct legal actions where there no point on talking or discussing because things have to continue on court (things will vary depending on your country). That's an explanation that covers pretty much of it without having specifics on your side.

    First it would be wise for you to remove that picture and any other picture that might violate any copyright terms from any author, include credits as possible and never again use work from someone else without written permission, in fact try to use only original content or buy your pictures. Try to show the best attitude possible and accept your wrong.

    How things can go from here depends on the other part, again my comment is quite general because there are no specifics on what was sent to you. Anyway most of the times desist, remove, apology work really well for most people in most cases. Good luck.
     
    glen_h and eb_kidd like this.
  4. You seem to be a little outraged they were able to catch you, even going so far as to run an image search to see if what you stole was easily found.

    Property laws preceded copyright, but one is essentially based on the other. The law looks at what you've done as having stolen someone's opportunity to benefit from using their property, their creative labor.

    I'll add, that if you don't copyright your work, have it registered, then you can't bring a lawsuit in federal court based on infringement. So if one day, you value your work enough to fight for it as those who caught you have, get your work registered.
     
  5. William Michael

    William Michael Moderator Staff Member

    That might be an accurate statement for some jurisdictions, though quite likely incorrect world-wide: for clarity, it is better to be specific, especially in this "Business Forum".

    WW
     
  6. Yes, that's for the US.
     
    William Michael likes this.
  7. It’s not really a problem. You submit the registration then you send your demand letter.
     
  8. How many here have filed a copyright lawsuit? Most often it takes more than sending a demand letter. Very often the defendant will claim it was theirs, it was public domain, or just say "so sue me."
     
  9. William Michael

    William Michael Moderator Staff Member

    I have: that was one reason why I suggested that when we make statements, we ascribe specifics.

    WW
     
  10. Actually I have. I was referring only to the early steps. Not having registered earlier is no barrier. You can do it the same day you send your demand letter and the copyright office will catch up by the time you’re thinking about filing.
     
    dcstep likes this.
  11. As mentioned before: Lawyer up.
     
  12. david_henderson

    david_henderson www.photography001.com

    The OP joined Photo.net on the day his post was made , and has not been on the site at all since early December. You are talking to yourselves I'm afraid. Which is fine if that's what you're content to do.
     
    William Michael and mikemorrell like this.
  13. Tony Parsons

    Tony Parsons Norfolk and Good

    That may well be so, but the information and advice could be useful to others, on either side of the fence.
     
  14. Remove the image and/or document the day it was removed. Verify that the lawyer IS from Getty. Contact Getty directly and be conciliatory, then work out a settlement.
     
  15. William Michael

    William Michael Moderator Staff Member

    Correct, but thus far, the bulk of the 'new' conversation has been directed to a new member, who revived the original conversation.

    WW
     
  16. I hope they take you for every cent you have. You stole property, it is as simple as that.
     
    laurencecochrane likes this.
  17. Actually, it's the Digital Millennium Copyright Act (DMCA) that gives Pinterest Safeharbor from prosecution. They are not responsible for the infringement of their users so long as they remove those infringements (in a timely manner) when they are reported to them. The thing is, if they don't take them down or miss some of them they can be used for copyright infringement. I should know...I've sued them.
     
    dcstep likes this.
  18. Just how late in taking them down would they be liable? Does the law give a time frame?
     
  19. The OP was probably convicted and executed, thus he hasn't been back.
     
    samstevens likes this.
  20. Just to clarify, timely Registration of an image entitles the owner to Statutory Damages. You can still sue if the image is not registered, but you'll need to prove damages. Mine have all been settled before going to court.
     
    G&R likes this.

Share This Page

1111