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Woman Copyrights Images to Take Down Revenge Porn Under the DMCA


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<p>Looking at just the first example, its not so clear. In that instance there is a necessity to prove the posting was done with intent to annoy or harass. Given there are other potential motives to post images of others undressed, it may be difficult to prove that in many instances.</p>
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<p>"A right to be forgotten" principles like the one which is in force in Europe (and hopefully, for European citizens, in the rest of the world in the future) would in most cases solve such problems. Copyright laws is not the way forward.</p>
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<p>This could present an interesting business opportunity, for troll-minded entrepreneurs. Take some nudie cutie selfies. Have a business partner "leak" them to various sites. Sue for copyright violation and damages.</p>

<p>Not that I'm advocating anything. Also, don't play with sparklers, hold firecrackers in your bare hands, use gasoline as a dry cleaning fluid, sign a contract with actors named George Spelvin, or record NFL football games without the express written permission of the NFL.</p>

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<blockquote>

<p><em>"Take some nudie cutie selfies. Have a business partner "leak" them to various sites. Sue for copyright violation and damages."</em></p>

</blockquote>

<p>It probably won't turn out well. A civil suit will expose the plaintiff to an onslaught of questions by the defense attorney about the origin of the photos and the people involved. </p>

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<p>Actually, the copyright and DMCA remedies can be an effective way to fight against abusive uses of photographs. The problem for many people portrayed in such photographs is that they were not the photographer, and thus do not hold the copyright. Of course, the photographer could assign the copyright to the subject or agree to file the complaint on behalf of the subject.<br>

I frequently advise photographers to register the copyright to their images because timely registration (i.e., generally before the infringement) makes it more feasible to enforce copyrights. For the same reason, I strongly encourage that copyright information be put in the metadata, because if an infringer removes the information, they have likely violated the DMCA. One of he benefits of registering a copyright is that it puts the photographer in a better position to help someone they have photographed if the image is later copied by someone else in a manner that the person finds offensive. </p>

 

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