Anyone had to send a 'Cease and desist' for copyright infrigement

[inlina]

Hi all,

found a company using a couple of my pics on their website. One includes my copyright watermark, the other is only part of my pic so they have cropped it out.

Has anyone sent a 'Cease and Desist' type letter? Did it work? Did you also suggest that they can purchase a licence to use the pic? Did you convert it to a licence sale?

CG

[BuddhaPi]

I've sent out several, usually along with the statute and penalties included.when they see those numbers, they usually comply quickly..or you could go the route of demanding payment as by law you don't have to send a cease and desist, but thats the mean way to play the game..you might want to visit the wayback machine (archive.org) and get some screen captures so you not only have proof, but you'll also be able to see when they put the image up, just in case you need to sue for damages, you'll have a timeline to base those damages on..

::EDIT:: just noticed your an aussie...the law in regards to cease and desist may be different there..

[slh]

Originally Posted by inlina

Hi all,

found a company using a couple of my pics on their website. One includes my copyright watermark, the other is only part of my pic so they have cropped it out.

Has anyone sent a 'Cease and Desist' type letter? Did it work? Did you also suggest that they can purchase a licence to use the pic? Did you convert it to a licence sale?

CG

How did you find your pics on their website?

[OsmosisStudios]

Using the Way Back machine is definitely a good idea. Consulting a lawyer would be a good idea, but I'm the kind of person to go the nasty route: Send them an invoice. If they balk at it, then send the cease and desist. If they still don't comply, time for court.

[jdepould]

If it's online, a DMCA takedown is probably the easiest thing to do. Send it to their hosting company, just do a Google for DMCA takedown, you'll get everything you need.

[BuddhaPi]

Originally Posted by jdepould

If it's online, a DMCA takedown is probably the easiest thing to do. Send it to their hosting company, just do a Google for DMCA takedown, you'll get everything you need.

agreed this would be easiest, might even get the entire account suspended.

[jdepould]

As an addition, you need to do a WHOIS lookup on the site to get the info for the hosting company. Not sure how savvy the OP is with that kind of stuff, but Google will get you where you need to go either way.

[BuddhaPi]

Originally Posted by jdepould

As an addition, you need to do a WHOIS lookup on the site to get the info for the hosting company. Not sure how savvy the OP is with that kind of stuff, but Google will get you where you need to go either way.

I think the Op should just name and shame the site in question, we can help do the whois!

[jdepould]

Originally Posted by BuddhaPi

I think the Op should just name and shame the site in question, we can help do the whois!

Just noticed that they're Australian, though if the site is in the US it's still an option.

[inlina]

Originally Posted by slh

How did you find your pics on their website?

In short, by luck. I shoot a lot of BMX events and I am heavily involved in the sport (as president of a BMX club). I was clicking around and clicked on the event sponsor's link for last years state championship. Was looking at the pics in their banner and looked at one that was an event I covered from an angle I was shooting. Went back through some of my promo shots from that event and found it was in fact mine and had been cropped (cropping out the copyright) along with some other adjustements. I showed my wife who then looked deeper in their site and found another promo shot from another event with my copyright still on the pic.

It frustrates me, because I will help out the clubs and state association by giving them a free pic for promo purposes as I am all for promoting the sport, it is in my interests as a business with equity in the sport and a club president. But this infringment was by a company that distributes bikes and equipment (not just BMX) and ultimately make money from the hard work I do as a president and my club of volunteers do to promote the sport. I have actually spoken to the manager of the department that would have been responsible for this at races and trade shows, but I wouldn't say we are on a first name basis.

I have the Whois covered. As it turns out, despite it being an Australian company, the website is hosted by a US company. A DMCA complaint should work, but I don't think that will be my first port of call. Will see what the archive.org avenue shows up also.

The website belongs to a larger company. I like the send an invoice option first. I will send it to their accounts payable people and see what happens. If I get no joy, then on to the cease and desisit or DMCA complaint.

Has anyone been paid for sensing an invoice in a case like this?

Corey