Copyright Protection

[Stock-Photos]

<blockquote>

<p>"If a image is registered with the U.S copyright office © under my legal name (not Kevin Delson); and then taken from PN and sold, is there recourse."</p>

</blockquote>

<p>Regardless of the alias, read "<a href="http://www.krages.com/copy1.htm">Enforcing your copyright</a> "</p>

<p>BTW, I use Google Image search and the Tineye plug-in for Firefox, and I've found MANY of my photos reused for profit without my permission. Most of the culprits pay the invoices I send.</p>

<p> </p>

[kevin_delson]

<blockquote>

<p>If you wish to argue a case, do it in court, not with non-attorneys in this forum. By your own inference, nobody here knows as much as you</p>

 

</blockquote>

<p>Edward,<br>

No need to get nasty about this.<br>

Look at the original post and also notice it is posted in casual conversations.<br>

Is this not precisely what this forum is for?..To bandy about ideas and questions?<br>

I'm not seeking legal advice..again, read the OP.</p>

<p>I'm sorry the question was not up to your standards of what is and is not permissable in this forum.</p>

[sarah_fox]

<p>Irrespective of what legal recourse you might have (e.g. a civil suit), you can very easily and very effectively demand that the photograph be removed from the offender's website. Failing that, you can demand that the offender's website be taken off of the Internet (by approaching the domain host about the copyright violation). The domain host doesn't know what suits can or can't be won or what the legal arguments are one way or the other. All they know is that they don't want trouble. It's easy for them to demand that the offender take down the image, so that they don't have to take down the web site. FAIW, I've successfully made these sorts of demands on several occasions and have not once failed to accomplish the needed action. Moreover, I never had to escalate beyond a few emails.</p>

<p>If you want to keep it simple, just write to the offender and/or domain owner, with a cc to the domain host, under your alias name. Nobody will be wondering whether you have the necessary "standing," meaning that you are indeed the person wronged, and as such that you have the right to protest. They'll only be focused on the fact that it is a stolen work. Sometimes people's incorrect perception of the law is far more important than the law itself.</p>

[mikael_karlsson]

<p>Another detail worth noticing is that strides have been made in the field of computer forensics. It should pose no problems whatsoever to find out from what computer posted a specific file on p.net. Josh, please correct me if I'm wrong, but this is something you folks as Admins could probably easily find.<br /> <br /> From a law enforcement standpoint there are no problems at all. Similar software and techniques are often used to backtrack images of child pornography (and similar nastiness) and find out from where an individual file/image originated, i.e. when it was posted on-line the very first time, where did it come from?<br /> <br /> If you want a demonstration check with your local PD or the State Patrol crime lab or similar. They're normally quite happy to show these kinds of things off!</p>

[bobatkins]

<p>Photo.net can't indentify which computer anything was posted from. We can tell which IP was used to connect to the site, but that's not the same thing. To tie an IP to a user, the ISP who allocates that IP block has to get involved in the loop. Most users probably have dynamically allocated IP addresses, so a given user doesn't always have the same IP and the ISP may assign the same IP to different users at different times. So the ISP would need to know the exact time and date to see who was connected to a particular IP address. I presume they do keep such records, but they are not available to the public. Even that doesn't tie things to a particular computer if there is a network on the users end of the connection.</p>

<p>Thing could be tracked in the case of some <em>serious</em> criminal offense, but the ISP isn't going to do anything without a court order and nobody is going to go to that much trouble over a minor copyright dispute.</p>

<p>The real world isn't like CSI where they can get your home address from a forum post with a couple of mouse clicks.</p>

 

[alec_myers]

<blockquote>

<p>ISP isn't going to do anything without a court order and nobody is going to go to that much trouble over a minor copyright dispute.</p>

</blockquote>

<p>I understand it's relatively straightforward to get exactly that kind of court order with which ISP's will readily comply - as many people involved in alleged breaches of copyright by peer-to-peer sharing of music files find out when the letters from the plaintiff's lawyers arrive on their doormat. </p>

<p>There's no need for criminality, simply a will (and a budget) on the part of the copyright holder. </p>

[robert_k1]

<p>You may find this thread helpful:<br>

<a href="http://www.photo.net/casual-conversations-forum/00VbhH">http://www.photo.net/casual-conversations-forum/00VbhH</a></p>

[daniel_jones7]

<p>I spoke to an Attorney friend of mine, he owns the law firm that represents Roca Wear and Sean John and handles the IP(intellectual property) laws for them. You can post under assumed name and it no way affects your claims as the real life person..meaning as one person already pointed out, if you have the original you are the owner unless specific rights were given for use or sale</p>

[amitai schwartz]

<p>Certainly Dr. Suess, Mark Twain, and John Le Carre (all pseudonyms), and many, many others, could register copyrights and enforce the copyrights when necessary. And what about Lady Gaga?</p>

[daniel_jones7]

<p>Amitai,<br>

I think that was the best way to put it...all this legal-ese, and you broke out Pop Culture to clear it up..Thank You</p>