Author Topic: Ignored DMCA, now what? (Read 4767 times)

ComfortEagle2095 · « **on:** March 28, 2014, 13:54 »

I found one of my images posted on a gardening forum site. The poster posted it as a link from a catalog site that probably licensed the image properly. On the gardening forum site, however, the poster identified themselves as the copyright owner of the image.

See it here: http://davesgarden.com/community/forums/fp.php?pid=8460635

I contacted the forum website and told them about the violation. They replied with a request for proof the image belonged to me. I provided them the link to the image on Shutterstock which identifies me as the copyright owner.

I got no reply and the image wasn't removed. I sent several more requests referencing their original reply and was ignored.

I found out the website is owned by a company that owns several websites. The parent company is apparently their own ISP for the sites they own since only parent company's host servers were identified by a "who is" search for the gardening site.

The parent company web page does not have a way to notify them of copyright issues on line. So, I sent them a written, signed DMCA notice in the mail. No reply after 6 weeks and my image is still posted on the forum site.

Any ideas what else to do? This image gets pirated a lot but this case is particularly galling because the poster has identified themselves as the copyright owner. That really makes me angry.

SNod · « **Reply #1 on:** March 28, 2014, 17:10 »

Maybe you can try this
http://support.envato.com/index.php?/Knowledgebase/Article/View/536

loop · « **Reply #2 on:** March 28, 2014, 17:46 »

Send them a registered letter. That has worked very well for me in several problems (although I have never done it.... yet... for a copyright matter).

Goofy · « **Reply #3 on:** March 28, 2014, 19:32 »

This also works well

http://www.google.com/imgres?imgrefurl=http%3A%2F%2Fwww.imfdb.org%2Fwiki%2FGlock&tbnid=ojZDt3adqdE_zM:&docid=TFTb_94390S_2M&h=204&w=300

ComfortEagle2095 · « **Reply #4 on:** March 28, 2014, 19:46 »

Thanks for the suggestions. I will for sure do the Google thing. I didn't know about that.

I'm not sure a registered letter would be of any help unless I'm going to sue them. I'd consider doing that but it would probably cost more than it's worth.

Goofy: I'm more partial to the 26 myself. A little less noticeable.

sweetgirll · « **Reply #5 on:** March 28, 2014, 22:29 »

Do you guys realize how many sites are on the internet that are nothing but affiliate websites..so called niche sites.... stuffed with keywords, and stuffed ads, all over the pages.

I think doing the Google thing is a good thing...

I wonder if google penalize sites running google ads when something like this happens.

Uncle Pete · « **Reply #6 on:** March 28, 2014, 22:35 »

Send them an invoice for $50 for the RF use, which will include a license when payment is received.

Then they can either pay or pull it and try to hide, pretending they didn't know. (which is a totally STUPID defense) But it will solve the problem.

$50 is a fair price for a blog use, RF isn't it?

If they don't respond either way, send a bill for $1000 and legal fees and get an attorney to write it, which should cost you $50 to $100.

Beppe Grillo · « **Reply #7 on:** March 29, 2014, 07:02 »

Does this work?
http://automattic.com/dmca-notice/

ComfortEagle2095 · « **Reply #8 on:** March 29, 2014, 11:32 »

Quote from: Beppe Grillo on March 29, 2014, 07:02

Does this work?
http://automattic.com/dmca-notice/

I don't see how -- the site isn't on Wordpress. Doesn't this only work for Wordpess blogs?

Beppe Grillo · « **Reply #9 on:** March 29, 2014, 12:23 »

Quote from: ComfortEagle2095 on March 29, 2014, 11:32

Quote from: Beppe Grillo on March 29, 2014, 07:02
Does this work?
http://automattic.com/dmca-notice/

I don't see how -- the site isn't on Wordpress. Doesn't this only work for Wordpess blogs?

I am not sure that it works only for WordPress blogs.
WordPress is used as example I think. But it is not very clear.

___
"If you’d prefer not to use our automated form, you can send your complaint to our designated agent (we prefer email):

Automattic Inc.
132 Hawthorne St.
San Francisco, CA 94107
Attn: General Counsel

Phone: (877) 273-8550
Fax: (415) 840-0710

You must include the following:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
Your name, address, telephone number and email address;
A statement that you have 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

___

They don't say that it is specific for WordPress.
They are an independent company.

Maybe the best is to contact them directly and ask: [email protected]

MarcvsTvllivs · « **Reply #10 on:** March 29, 2014, 12:55 »

Quote from: Beppe Grillo on March 29, 2014, 12:23

Quote from: ComfortEagle2095 on March 29, 2014, 11:32
Quote from: Beppe Grillo on March 29, 2014, 07:02
Does this work?
http://automattic.com/dmca-notice/

I don't see how -- the site isn't on Wordpress. Doesn't this only work for Wordpess blogs?

I am not sure that it works only for WordPress blogs.
WordPress is used as example I think. But it is not very clear.

___
"If you’d prefer not to use our automated form, you can send your complaint to our designated agent (we prefer email):

Automattic Inc.
132 Hawthorne St.
San Francisco, CA 94107
Attn: General Counsel

Phone: (877) 273-8550
Fax: (415) 840-0710

You must include the following:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
Your name, address, telephone number and email address;
A statement that you have 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

___

They don't say that it is specific for WordPress.
They are an independent company.

Maybe the best is to contact them directly and ask: [email protected]