MicrostockGroup
Microstock Photography Forum - General => General Stock Discussion => Topic started by: elbud on November 12, 2013, 10:47
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Hey all,
I have recently found an illegal use of one of my images on a website. They didn't even took the time to erase the 123rf logo....
My question is, how do i prove they have indeed stolen my photo?
Cuz, i mean, after i send them the initial letter from the lawyer, they will probably take the images off the site, so how can i prove they were once there?
I did of course did a print screen, but they can claim i faked it and put the image there myself....
So does anyone know how i should go about on this matter? how to prove my claim?
thanks!
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You can do nothing! I remember once I wrote to scam site who stole my image with logo on it and can you believe the answer was:
WHO THE FYCK ARE YOU TO TELL US WHAT TO DO!!!!!!
Cheers,
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they said cheers after that? hmmm ;D
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No, I'm saying ;D
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How much would your damages be? The cost of a website sized image from 123RF? I don't think you can expect to get much from this kind of theft.
The damage does not correlate directly to the price of the image on the site. There are additional factors that come into a copyright lawsuit. I know cuz i have already won one, and my compensation was far higher than the price i would have asked for the use of the image if the image user had asked me to use it and not steal it like they did.
I am asking only about how to prove web based infringement, because they can erase it with a click, and i am certain such things had happened before with the copyright owner winning in the end.
So, anyone with such knowledge here?
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no idea, there is http://archive.org/web/ (http://archive.org/web/) but might not be accurate once it could have saved or not
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I am a lawyer, educated in both common law (US) and civil law (continental Europe) jurisdictions, but not a trial lawyer, and matters relating to evidence are very different internationally. So take what I say with a huge lump of salt. BUT:
Civil Law
From my experience, the burden of proof and the parties credibility will decide cases like this. You as a claimant have the burdon of proof initially, but you bring all the evidence you can -- screencaps, correspondence (your take-down letter and possible replies), witnesses that saw the image on the site (give us a link, we all become witnesses then) -- and you make your case. At that point, the burden shifts to the other party to state that it didn't happen the way you say it did. Since you were telling the truth, that would mean lying in court (=prison time). Many people will not outright lie to a judge, and even if they do, they will not be particularly convincing. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle at some point.
Common Law (US)
You make your case to the judge and back it up with what evidence you have (see above). This, since you are telling the truth, will likely be convincing enough for the judge to order pre-trial discovery. This will force the other side to hand you over their records, including possible backups of the site that contain evidence of what you say. If they claim there are no such records or tamper with them (i.e. lie to the judge), that is contempt of court (=prison time) and if their attorneys are complicit in it, they are likely to lose their license. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle before discovery if it is ordered (because discovery is expensive and annoying).
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I am a lawyer, educated in both common law (US) and civil law (continental Europe) jurisdictions, but not a trial lawyer, and matters relating to evidence are very different internationally. So take what I say with a huge lump of salt. BUT:
Civil Law
From my experience, the burden of proof and the parties credibility will decide cases like this. You as a claimant have the burdon of proof initially, but you bring all the evidence you can -- screencaps, correspondence (your take-down letter and possible replies), witnesses that saw the image on the site (give us a link, we all become witnesses then) -- and you make your case. At that point, the burden shifts to the other party to state that it didn't happen the way you say it did. Since you were telling the truth, that would mean lying in court (=prison time). Many people will not outright lie to a judge, and even if they do, they will not be particularly convincing. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle at some point.
Common Law (US)
You make your case to the judge and back it up with what evidence you have (see above). This, since you are telling the truth, will likely be convincing enough for the judge to order pre-trial discovery. This will force the other side to hand you over their records, including possible backups of the site that contain evidence of what you say. If they claim there are no such records or tamper with them (i.e. lie to the judge), that is contempt of court (=prison time) and if their attorneys are complicit in it, they are likely to lose their license. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle before discovery if it is ordered (because discovery is expensive and annoying).
Thanks for the nice summary.
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I am a lawyer, educated in both common law (US) and civil law (continental Europe) jurisdictions, but not a trial lawyer, and matters relating to evidence are very different internationally. So take what I say with a huge lump of salt. BUT:
Civil Law
From my experience, the burden of proof and the parties credibility will decide cases like this. You as a claimant have the burdon of proof initially, but you bring all the evidence you can -- screencaps, correspondence (your take-down letter and possible replies), witnesses that saw the image on the site (give us a link, we all become witnesses then) -- and you make your case. At that point, the burden shifts to the other party to state that it didn't happen the way you say it did. Since you were telling the truth, that would mean lying in court (=prison time). Many people will not outright lie to a judge, and even if they do, they will not be particularly convincing. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle at some point.
Common Law (US)
You make your case to the judge and back it up with what evidence you have (see above). This, since you are telling the truth, will likely be convincing enough for the judge to order pre-trial discovery. This will force the other side to hand you over their records, including possible backups of the site that contain evidence of what you say. If they claim there are no such records or tamper with them (i.e. lie to the judge), that is contempt of court (=prison time) and if their attorneys are complicit in it, they are likely to lose their license. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle before discovery if it is ordered (because discovery is expensive and annoying).
Thank you very much!!! ;D