On 16 Oct 99, 22:20, kae422 wrote:
> I happened upon a web site today and saw MY pictures
> posted there -- with the woman claiming they are of her.
Of her? Are we speaking of photos of you? Are the photos your
intellectual property, whereby you created them with some minimal
creativity? Did you aid or direct the photographer in taking these
pictures?
Copyright protection is available only for "original" works that are
"fixed" in a "tangible medium of expression".
> I called the phone number listed on her website and
> left a message for her to remove them within 48 hours.
>
> I followed that up with an email directing her to
> the section of her web site and which pictures there
> were MINE and repeated the removal request.
> now what are my options ??
We need more information. We would need to see your site first; then
her site. We would need to determine if your pictures qualified as a
copyright work. It would not necessarily need be formally registered
with the Federal Copyright Office of the Library of Congress, but you
would be in stronger position had you done that. A copyright arises
upon the creation of an original work. However, if some other party
snapped your picture and you uploaded it to your site, we are in a grey
area of the law. On the other hand, the design of the web page with
the picture in place can be construed as your copyright. Your web page
itself, may place you in stronger position than the photos or pictures
by themselves.
What notices do you have on your site? Do you have any notice of
copyright, i.e. "(c) Copyright [Owner] 199X. All Rights Reserved. This
publication, in whole or in part, may not be reproduced, stored in a
computerized, or other retrieval system or transmitted in any form, or
by an means whatsoever without the prior written permission of [Owner]."
When was the time of creation of these pictures in relationship to the
time you uploaded them to the site?
As to her site, how exactly is she using these pictures? Can she
legitimately claim "Fair Use" of those pictures? You said she is
claiming those pictures are hers? Is she claiming a photo of yours is
a photo of herself? I should think any lying on her part would negate
any chance of her claiming "fair use" of the pictures. Still, I would
want to see her site.
So then, if you can claim copyright and she has not rightfully used
your copyrighted material, then you may have grounds for a law suit.
Can you afford an attorney? Is this woman making money from the use of
your pictures? If yes, and the amount is significant, then your
attorney may accept the case on a contingency basis. If the woman's
site is not making much money using your pictures, your attorney may
require you to pay his fee until judgement is rendered. And often when
an infringer of copyrights are adjudged guilty and they are found to
have not made any significant money from the infringement, the courts
generally just issue a cease and desist order and not a monetary
judgement in your favor. No blood from the turnip and you pay the
attorney.
Patti, read the following seven pages on copyright law and I think you
will be in a better position to determine if it's time for an attorney
or time to cool off.
http://www.freeadvice.com/law/570us.htm
Alan
[EMAIL PROTECTED]
