Copyright infringement in Autralia-what to do?

[durr3]

<p>I had one of my photos used in a business generated from Australia. Now it is used on Facebook and Pinterest for promotions. I have written and asked about it, but no response. Is this a lost case of does anybody have any advice? thanks</p>

[Matt Laur]

<p>If it's on Facebook, file a DMCA take-down notice. Facebook will make it (or them) go away.</p>

[danmarchant]

<p>There is a link from this page that details how to get your copyright material removed from facebook - https://www.facebook.com/help/intellectual_property<br>

If they are using your images on their website do the following -<br>

1. Send them an email informing them that they need to remove them or pay a license fee to use them.<br />2. For extra clout send the same as a registered letter.<br>

3. As soon as you have done that do a Whois on the domain to find out who their web host it.<br>

4. Go to the hosts web site and look up their copyright infringement/terms of service. (Here is an example of one hosts pages <a rel="nofollow" href="http://www.coolhandle.com/company/le...of-service/#cv" target="_blank">http://www.coolhandle.com/company/le...of-service/#cv</a>).<br>

5. Send them a properly formatted DMCA take down notice. Note, in the above link it states that they do not need to respond to notifications that are not properly formatted so do it right.<br>

A web host is not liable for copyright infringement by their customers UNTIL you notify them of the infringement. Once notified they become liable if they don't act promptly to remove infringing materials. Web hosts aren't interested in getting into legal trouble because their idiot clients infringe your copyright so they will remove the material quickly.</p>

[paulie_smith1]

<p>Follow the advice and jump through the hoops and do a DMCA notice.<br>

You <em>have </em>also formally registered your copyright, right?</p>

[alanmac]

<p>Under Australian Law (as in New Zealand) you don't have to register a photo to have it copyright. It is considered <strong>automatically</strong> copyrighted at the moment of original creation.<br>

It is recommended that the item is accompanied by an appropriately worded document as to Copyright, author, date, etc... but as I mentioned, it does not need to be registered for copyright to apply.<br>

FWIW: Try this link as a reference (The wording of this law/act is very similar in NZ): <a href="http://www.ict.griffith.edu.au/teaching/3601ICT/10Copyright%2BLaw%2Bin%2BAustralia%2B-%2BA%2BShort%2BGuide%2B-%2BJune%2B2005.pdf">Copyright Law in Australia - A Short Guide - from Griffith University</a> note that this is advice only, and no subsitute for full legal advice<br>

Note that both NZ, & Aus. have reciprocal rights with countries around the world (including the US) regarding copyright protection.<br>

As I understand it, DMCA is an American (read USA) legal act. That does not necessarily give it powers overseas if that is where the offending site & server are based unless requested by, for example, the FBI to the Australian Federal Police, or the FBI (or similar) to the New Zealand Police?<br>

While it may mean getting takedown from Facebook (which I believe is registered in the US?) it may not necessarily result in a takedown from Pinterest unless it too is registered in the US?<br>

I'm no lawyer (so treat my words as 100% accurate legalese), but I am a photog, so I can appreciate what your asking.<br>

Alan</p>

[danmarchant]

<blockquote>

<p>As I understand it, DMCA is an American (read USA) legal act. That does not necessarily give it powers overseas......</p>

</blockquote>

<p>This is a good point. I tend to use DMCA as a generic term when it actually is US specific. However, most countries have similar laws in regard to the liability of ISPs and similar in regard to infringement. In most cases they are not liable until you notify them of the infringement; and if they don't remedy the infringement they will then become liable. For non-US companies you should check the sight for pages relating to abuse or copyright infringement.<br>

Having said that, many non-US companies do act in accordance with the DMCA because, while not registered in the US, they do business there. The US is a huge market place and companies can't afford to upset the authorities there.<br>

I don't know where Pinterest is registered but they certainly comply with the DMCA and have a US copyright agent listed on their copyright page http://pinterest.com/about/copyright/. Filing a take down notice with them should work quite quickly.</p>