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Website Stealing Cosplay Images, some from MMers
I recently discovered this website stole on of my registered, copyrighted images and they also have a LOT of images from photographers on MM... www.sankakucomplex.com I sent them a DMCA takedown notice and here is what they responded with a very obnoxious stance. They are refusing to remove the image because they claim that since I am not an authorized representative of DC Comics I have no claim to copyright ownership of the image. I responded to them and explained how I am actually the owner of the image, and that the costumes in the shot were designed by a licensed costume designer. They responded back asserting that I have no claim to have the image removed and that by even making such a request I am opening myself up to lawsuit from DC because I do not have legal authorization to photograph someone in a costume and then claim it's my image. This is the last response I got from them: The characters featured in the image are the property of DC, so technically he may be correct in thinking you would need their permission before you could claim to be acting on their behalf by issuing a takedown request (of course, had he not counter-notified we would have been obliged to take it down, and would have, irrespective of the validity of the claim). As a photographer you are probably aware that taking photographs of copyrighted objects is a complex area. I'm afraid I have no idea what the DC Comics position is on cosplay, perhaps they grant blanket permission or your company licensed the rights from them? Technically you would have been infringing their copyright if either was not sought, although it would be surprising if they objected, and if you claimed to have received their permission without doing so in a DMCA request it would constitute an act of perjury if taken to court. In any case, we are only really in a position to process the DMCA requests, not ascertain their legal validity. I responded back again and explained in greater detail of how this has nothing to do with DC but everything to do with the actual image. I told them to remove it within 3 business days or I'm sicking my attorneys on them to which I have not received a response yet. I just wanted to make everyone on here know that these guys are stealing images and have no remorse about it! Jun 23 12 06:26 pm Link What images of yours have they used? Jun 23 12 06:33 pm Link Why are you sending the takedown notice to the 'thief'? You should be sending it to their web hosting provider. Jun 23 12 07:02 pm Link GCobb Photography wrote: https://www.modelmayhem.com/portfolio/p … 8#20073358 Jun 23 12 07:03 pm Link John Allan wrote: This^ Jun 23 12 07:12 pm Link D S P wrote: Why pay a lawyer to send a DMCA that he can send himself? If all you want is the image down, send the DMCA to the web host. If you want to sue for statutory damages (as you said the image is registered), have at. But the term, "blood from a turnip" comes to mind. Jun 23 12 07:14 pm Link D S P wrote: The whois says that the DNS for their hosting company is their own domain name, which tells me that they are on their own server so there is no hosting company to notify (already thought of this). Jun 23 12 07:16 pm Link I think the thieves are suggesting you used the likeness of DC Comics characters. I'd say the bat symbol and costumes leaves them a bit of leverage. Why don't you get with DC Comics and ask them if they believe you infringed on their rights. If they don't think so, send another DCMA to the web host. Jun 23 12 07:17 pm Link Sophistocles wrote: I couldn't disagree more. I've collected quite a lot of money this year from my attorneys going after websites stealing my images this year, often times from people smaller than these guys. In fact, I have a check on the way to me in the amount of $600 for a settlement they just got for me earlier last week. Jun 23 12 07:19 pm Link GCobb Photography wrote: The costumes they are wearing are licensed and sold everywhere. Jun 23 12 07:19 pm Link Shot By Adam wrote: Then get an attorney if you're that sure. I mean, they could make you lots of money this year. Jun 23 12 07:21 pm Link Jun 23 12 07:24 pm Link the image is hot linked Jun 23 12 07:25 pm Link Shot By Adam wrote: $600, and your attorney charged you how much? My time is worth $350/hour billable. My attorney charges $300/hour. Just spending an hour on the issue would be a loss of $50 to me on a $600 settlement. Jun 23 12 08:01 pm Link Shot By Adam wrote: there is no photo there now. Jun 23 12 08:34 pm Link Sophistocles wrote: $600 is mine after attorney fees. It started with me sending the offender a bill for $432.00 for stealing an image of mine and using it on the header of their website. I have a membership to imagerights.com. They've handled several cases of mine and they do an exceptional job in these matters and I recommend them to everyone who's ever had an image stolen. They work on contingency and with my membership, I keep 55% of what they collect. Usually, once they get involved, they go after the offenders on a basis of 5X the standard licensing rate (assuming you have the image registered with the US Copyright Office) and then settle somewhere in between. In this particular case, they settled for around $1,300. All I do is send them over the correspondence in the matter and they take it from there. They are worth every penny. So if you're paying your attorney that much for these specific matters, you're using the wrong person IMO. Use these guys, they're awesome! Jun 23 12 08:37 pm Link Update: They just emailed me and said that they removed the image. Still though, there's a lot of other MM images on there! Jun 23 12 08:44 pm Link Shot By Adam wrote: they must be reading this thread. good job everyone Jun 23 12 08:47 pm Link If you got a screenshot, I'd still send the attorney after them due to their initial responses to you. Jun 23 12 09:22 pm Link How did you come up with that amount of money? How can you prove damages? Do these people you go after just cave in for a lump sum every time? Jun 23 12 09:49 pm Link GCobb Photography wrote: This has to do with knowing how to price images for commercial license. If you don't know how to answer these questions I suggest you start a new thread or search through any of the dozens already started on this topic. There are numerous books on Amazon on these topics and then, there is of course, google. Do these people you go after just cave in for a lump sum every time? Depends. In the case I started this thread with, I just sent them a DMCA takedown notice. Usually clowns like this aren't worth the bother and they usually remove the image immediately. Sometimes commercial companies just steal my images and use them on their website. If that's the case, I don't bother with a takedown notice, I just send them an invoice based on the way the image is being used, how much traffic their website gets, how long they've been using it, and a number of other factors. Jun 24 12 02:53 am Link Makes me wish I had photos people would want to steal. Jun 24 12 04:41 am Link KonstantKarma wrote: I am frequently surprised at the images of mine that are stolen. Remember, image thieves usually are taking images because they need it to fill some spot on their website or blog, so it's rare when they are going to take something that's of a highly creative nature. They're just looking for free stock imagery. For example, I have images stolen off of my blog all the time and every image on there are registered with the US Copyright office. I know some photographers throw a fit every time someone steals their images. Me? I'm happy when someone does...it's just free money for me every time it happens! Jun 24 12 07:48 am Link nm. Jun 24 12 08:11 am Link Hmmm, are their US contigency sites that take internationals (like me). Here in Aus, there is no registration of copyright, it is free and automatic from the moment of conception, you do not need to even display copyright information to be protected. Jun 24 12 08:14 am Link Dan Lee Photo wrote: The same thing applies in the U.S. as well. The instant you capture the image, you own the copyright. Of course there are some other factors that come into play with this, such as if you are under direct employment by someone else as an employee, but generally you own the copyright the moment you press the shutter release. Jun 24 12 09:41 am Link Shot By Adam wrote: That's pretty fantastic. Jun 24 12 09:47 am Link Daniel Arouchian wrote: Google's reverse image search might work better - They do have their hands deep within a lot of websites afterall. Jun 24 12 11:27 am Link Interesting topic... now a question. What do you guys do when you see your photograph on international sites? I see no way of sending an invoice and infringement notifications usually are laughed at ( Jun 24 12 12:44 pm Link Graphirus wrote: In that case I just go right to the hosting company. I've always had luck with that and even international hosting companies comply well with a DMCA notice. I just had an image of mine show up on a website out of the Czech Republic and when I sent the hosting company an email it came down within 24 hours. Jun 24 12 12:51 pm Link Not to say I have anything worthy of being stolen but I've just been not posting photos I'm touchy about. But yeah I can see why you break out the big stick every time Jun 24 12 04:19 pm Link I dont see any difference what the image it self has in it. At the end of the day they are not the law to say if DC would approve or not and give them no right on your copy rights. This is hands down you win, The person who pressed the camera shutter owns the sole copy rights to that image, doesn't matter what product brands are in the photograph it self, if you sell that photograph with that product brand in it you have to have approval yes, but its out of this world for them to try and say anything about licensing and because they believe you broke the law that gives them the right to lol what joke Jul 19 12 06:18 am Link Chad_King wrote: Their reply was just BS and there were hoping he'd go away.. Jul 19 12 07:15 am Link Shot By Adam wrote: Are they licensed to be used for commercial purposes? I would highly doubt that. Same reason you have to remove other trademarked logos from commercial work. Jul 19 12 07:25 am Link Shot By Adam wrote: The image has been removed from their site. Jul 19 12 07:36 am Link Martin Schiff Photo wrote: Yep, I stated that in this thread about a month ago. Jul 19 12 09:03 am Link Shot By Adam wrote: Is it? Jan 06 13 02:13 pm Link Three Cats Photography wrote: Yes, still shows after following link above Jan 06 13 02:52 pm Link Yup, It's definitely back. well worth reviving this thread for something like this. Jan 06 13 03:15 pm Link those images look a lot like the DC, but they are not official, which renders the 'DC own it' argument redundant if your lawyer cant get you money out of this, get a new lawyer Jan 06 13 03:20 pm Link |