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Another Seller 'Borrowing' Pictures

Chris (or anyone else interested):

If you properly notify a service provider (at least in the US) that their site is hosting copyright infringed material, they have to take it down pretty quickly. That means ebay, amazon, godaddy, or whoever is in the US and is in any way allowing a picture to sit up on a website. If the site is hosted outside the US, you can actually serve notice to Visa or Mastercard if the infringing site takes payments through them - and they will likely put pressure on the foreign site to remove the photos.

You should send an email or letter that contains a copy of all your photographs that their site is improperly hosting, and DIRECT URL LINKS TO EACH PICTURE that is being hosted without authorization. Those are the most important specifics required, for a more complete list of all the things your letter should contain, see the statute excerpt below.

Source: http://www.law.corne...ode/text/17/512

17 USC 512©(3) - spells out the notification requirements of somebody who wants a service provider to take down their copyrighted work. If you send them notice that meets these elements, the service provider (ie ebay, amazon etc) has to remove the listing or be amenable to lawsuit.

[background=transparent](3)[/background] Elements of notification.—
[background=transparent](A)[/background] [background=transparent]To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:[/background]​
[background=transparent](i)[/background] [background=transparent]A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.[/background]​
[background=transparent](ii)[/background] [background=transparent]Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.[/background]​
[background=transparent][background=transparent](iii)[/background] [background=transparent]Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.[/background][/background]​
[background=transparent][background=transparent][background=transparent](iv)[/background] [background=transparent]Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.[/background][/background][/background]​
[background=transparent][background=transparent][background=transparent][background=transparent](v)[/background] [background=transparent]A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.[/background][/background][/background][/background]​
[background=transparent][background=transparent][background=transparent][background=transparent][background=transparent](vi)[/background] [background=transparent]A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.[/background][/background][/background][/background][/background]​
 
Lucky Dog Hot Sauce said:
@Flamecycle - the OP looks like a south american or Brasilian seller - that notice may not matter to them. Sad but true.
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Yeah, but unfortunately this isnt an isolated incident, and lots of the people stealing pictures do have us based websites etc. Also, thats why I included the bit about Visa and Mastercard. Believe it or not there have been several very heavily litigated cases against credit card companies for merely allowing infringing sites to use their credit cards to accept payment. So while you may never intend on actually suing Visa, if you send them the notice, they are likely to tell the foreign vendor - take this down or we will stop letting your site use Visa...
 
Beaglestorm said:
Got me thinking to see if one of the popular sellers had removed my Butch T pic from his website yet. I noticed it last year and the description said seeds coming soon. I figured that meant he was growing his own plants and would have seeds once they produced. I also figured he would take his own photos once that happened. Just checked and he still has my picture selling his Butch T Seeds and even more funny (in a sad way)... now if you use google images and type butch T you can find it in several places with credit for the image now going to him. Here it is in somebody's pepper newsletter with credit for the photo going to him

http://peppermeister...savers-edition/
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Beagle, this is my blog. Sorry for the confusion. If you would like, I could take it down, or I will gladly give you the credit. I don't want to give "youknowwho" credit for your pic. It is a truly beautiful pic, probably the best trini on the web.
I was just at Cross Country Nurseries speaking with the owners and stocking up on chile plants. They told me that their pictures are often ripped off and not properly credited. They said, they don;t mind anyone using their pics as long as they properly link to their website.
Again, Thanks for calling this to my attention and I'm sorry for the misleading credit.
 
I hate this crap. I sent the group behind this site, the Investor Relations Department, an email telling them they didn't have permission to use the photo. Yes I know, way beyond my business but I have no problem sticking my nose into places that have done wrong to a friend.

PEPPERMEISTER1. is the picture being credited to pepperjoe on the link Beaglestorm provided the one that belongs to beagle? Or did you already replace it with one from pepperjoe?
 
PEPPERMEISTER1 said:
Beagle, this is my blog. Sorry for the confusion. If you would like, I could take it down, or I will gladly give you the credit. I don't want to give "youknowwho" credit for your pic. It is a truly beautiful pic, probably the best trini on the web.
I was just at Cross Country Nurseries speaking with the owners and stocking up on chile plants. They told me that their pictures are often ripped off and not properly credited. They said, they don;t mind anyone using their pics as long as they properly link to their website.
Again, Thanks for calling this to my attention and I'm sorry for the misleading credit.
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Really, it's not a problem and I have no hard feelings. Especially since you were writing a blog.... besides at least you tried to give credit. If you had known it was my pic, I know you would have given me credit. I really do do this for fun. I take the pictures for my reviews and am more than happy to let anyone use them for non commercial purposes with out even asking. For purely commercial sites, Yea, I think someone should get permission before using it. In the case of that Butch T picture.... that was a picture of a pod that Judy from Pepperlover.com sent me free of charge to review. Call me old fashioned but I feel bad having any seed seller other than Judy benefit from a picture I took of a pod she sent me for free. If it had been a pod that I had grown myself, any seed seller could have used it if they asked first.

patrick said:
I hate this crap. I sent the group behind this site, the Investor Relations Department, an email telling them they didn't have permission to use the photo. Yes I know, way beyond my business but I have no problem sticking my nose into places that have done wrong to a friend.

PEPPERMEISTER1. is the picture being credited to pepperjoe on the link Beaglestorm provided the one that belongs to beagle? Or did you already replace it with one from pepperjoe?
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Thanks Patrick, always nice to have someone watching your back.


I'm sorry Chris, I did not mean to hijack your post. I had forgotten about that picture of mine and reading your post reminded me of it.
 
It's a damn shame that there's so much theft of property around. I've had to seriously consider whether or not to start watermarking photos across the bulk of the image so that they can't be stolen. The problem with that is it looks tacky and self-promoting to me. I refuse to do it. The way I see it is if external use of my images is not defaming me, I shouldn't mind. But I can see why others are seriously concerned about it. As I start to move things to my new servers and start working on building my new website I might take a different stance.
 
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