Just wondering what my options are here
A man emailed me to thank me for giving him my photos or his slutty-chicks website
I have all his emails and I NEVER arranged for this, nor to I give him permission to post
He is arrogant, ignorant and blantanly rude about this
Before I had my website, I would send out photos to clients etc
He says they are (the photos) are public domain etc
BUT since i have proof that I never granted him usage of my photos, what are my legal actions here
Again I have all his emails etc so this should back me up etc
Any suggestions?
Jamie
Or he will be in violation of copyright and damages for public use of your photo. And you could sue him for $$$$$$. Lawyer can get court order to take down site immediately.
The burden of proof of grant of license is entirely his. The 'public domain' argument won't wash either. Used to be that material published without an explicit copyright notice became public domain, but since the US signed the Berne Convention [mid/late 1980s] this is no longer true. Material does not become public domain unless it's copyright holder explicitly assigns it as such.
Get a lawyer and send him a take-down letter. He hasn't a leg to stand on.
Good Luck!
Take it to his ISP/hosting company. I *guarentee* they will take it seriously.
Cheers!
Just don't let your lawyer use your real name in the letter. Escort's photos are taken all the time and used on various web sites for various purposes. Unless it is being used by another girl impersonating you who cares? It's just more publicity. Then again, I am a lawyer and make mone from sending the type of letter you probably want sent.
Your lawyer needs to do a little homework to find the webmaster and Owner's real address to send the letter. Don't have him email a letter. If you have a web master, or advertise on a major forum (e.g. City Source), ask the owner for a referral to an attorney.
The only way he can post any photos of someone without a signed model release is if they are photos for editorial use, meaning for newspapers and such. If you did not sign a release, you can have a ruling almost immedialtey for him to cease and desist. You can also get damages from him if he made money from the use of said photos. I am not a lawyer, but am a professional photographer!
Mike