Legal action to take for stolen photos?
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Legal action to take for stolen photos?
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I am a member of Flickr.com and recently learned that someone has stolen several images from my photostream for use in a book. I was never confronted about her using my images, and all of them are marked "all rights reserved." I found them while searching for photos, she has also used them in an animation posted publicly to her photostream on Flickr. All the images she's using of mine have my watermark on them and can be compared to images in my photostream if necessary. I have not reported the posted animations to Yahoo yet because I thought I may have to use them for a copyright claim. I messaged her about it, and she told me that someone else directed her to them and she is going to use them despite them being copyrighted, and she IS going to PROFIT from making these books using my images. What kind of legal action can I take regarding this matter? Who should I contact? What are some websites specializing in the legality of using intellectual property like photos? Should I talk to someone at Yahoo about this, and if so, how do I contact them? Thanks.
Additional Details
25 of my photos have been used in the animation and will likely be used in the book, just to clarify that this is not one or two images but will make up a significant portion of the book.
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VYFX.com
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If you did not legally register your photos and claim rights then all you can do is file a cease and desist order against her using your photos. When you publish a piece of work online it is instantaneously copyrighted with your credit. If that work is stolen you are legally allowed to file a cease and desist order against the individual(s) who stole it.
You can really only seek monetary damages if your copyrights were legally filed and registered. If you simply posted the photos online you can only force the offender to stop using them.
You should also look into hiring a copyright lawyer seeing as she is going to be profiting off of your work. She has absolutely no leg to stand on and you potentially have a monetary damages case on your hands if she does choose to profit off of your images-- regardless of whether or not they're registered.. it's just going to take a good lawyer to get that money. |
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komodo
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If she is using your original creations without your express permission, then she has broken the law. It doesn't matter whether she makes money with it or not. There are "fair use" exceptions, but this doesn't sound like one of them.
If you have already contacted her and she has said she intends to use them anyway, then your next step is to get a lawyer. Throw a rock -- you'll probably hit one.
Depending on how aggressive you want to be, you could demand compensation for use of your material, demand that all production stop, and/or other penalties. Failure to comply with your demands could be followed by a lawsuit. Or, you could just skip all the niceties and go directly to lawsuit.
Up to you.
Good luck. |
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