My Legal Battles

Posted on 10.16.06. Tagged with , , All

Issue: I was contacted by a law firm asking that I remove all links to counterfeit coupons for free candy. The coupon I had posted a link to was to the official website of the candy manufacturer (and thus a legit coupon).
Resolution: I emailed them back and told them the story and that the link to the coupon was 404'd anyway.

Issue: I recieved a notice from a webmaster regarding a link on gtmcknight.com/bmk (my online bookmark repository) stating that it was copyright infringement to have a redirect link. I think he was bitter that my website was showing up higher than his for their own site.
Resolution: I emailed him stating the misunderstanding and that a redirect link is not a copyright infringement. He got the hint because he never responded.

Issue: A magazine used one of my photographs from Flickr on the cover and inside of an issue. The same flickr photographs that have a Creative Commons license on every single page (along with contact information if somebody really wanted to use it).
Resolution: I sent him an email citing the infringements, mentioning section ยง504(c) of the United States Copyright Law that provides for Statutory Damages of up to $150,000 per infringement, and a proposed settlement. We met my number and his half way at $1,000.

Issue: One of my photographs from flickr were used as the background of a baccarat website. I've contacted him about removal but the domain is registered in Bosnia so that might prove a challenge.
Resolution: Still pending... In the comments!

I wanted to mention these issues not to call out offenders but to let other bloggers know that it's not difficult to fight back. Don't get scared over dumb legal threats and don't be afraid to hold up your copyright license (and hopefully Creative Commons license) for your photos. Anyone else want to share some stories?

10 Comments

Lis
07:59 PM on 10.16.06

how did you know that people were stealing your photos? I mean, you can't have your eyes everywhere at once... or can you?

Lis
08:00 PM on 10.16.06

...and how can you prove that it was in fact your picture, and that it wasn't YOU who actually stole it? (not that you've stolen pictures lol.. just that couldn't they just as easily say that you stole their picture?

cameron aka desk003
09:32 PM on 10.16.06

Lis: Flickr post dates? Meta info, however that can be spoofed. Them knowing they did this and knowing that he could fight them in court? That's scary for any company/individual.

Brett
11:20 PM on 10.16.06

Lis: He saw his photo on the magazine cover because it was distributed on campus. I'm not sure how he came across the one on the Web site, but yes. I'm sure it's not possible to catch every one. I'm convinced Taylor is ridiculously lucky. This is just another example :)

Brett
11:21 PM on 10.16.06

Re: lucky - I'm referring to the $1,000. He even turns his misfortunes into fortunes.

Site Owner
05:45 AM on 10.17.06

Not sure how that happened but your Image was most likely placed on a free stock photo site and/or free template sites. As far as my case, I removed the image. I have no reason to take other peoples work.

Taylor
10:13 AM on 10.17.06
The Author

Site Owner: Thanks for your quick response! I really appreciate you taking it down. If it hits you on what other site you found it, let me know.

Taylor
01:06 PM on 10.17.06
The Author

http://www.chillingeffects.org/ seems to have some good resources about knowing your rights (and seeing others examples of copyright infringement and c&d threats)

Kitta
02:07 PM on 10.23.06

I had an agent email me a so-called cease and desist last year demanding that I take down a blog post about a young model who appeared on a current affairs show (she was a teenager who had extensive plastic surgery and believed they were doing a segment on how great it was). Her agent could not spell his way through a children's book, let alone an email, he spelt defamation as deformation. I politely emailed him back, advising him that my blog entry was in no way defaming her character according to the law and provided detailed information why it was so. I also told him that I would be forced to blog a lengthy post, a law abiding non-slanderous one of course, regarding the issue if he tried to sue me. I ended the email by pointing out the correct spelling of defamation and that if I was to deform her I would have had to decapitate her with and axe.

He wrote back saying sorry and begging me not to blog about it.

Taylor
02:12 PM on 10.23.06
The Author

Haha brilliant Kitta

You tube
09:12 AM on 09.29.07
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