Newbie - FAQ

DMCA takedown template for those who are interested
kerri.bound See my TER Reviews 682 reads
posted

I've seen previous posts that have complained about providers' photos being used on "fake" ad sites (they get our photos by scraping ads on legitimate sites).  

If anyone wants to get those removed, you can (even if the website itself ignores any removal request) by filing a claim with the ISP that hosts the domain.  I also had some photos on some sketchy ad sites, but I successfully filed claims until I had them removed.  

Here is the website I used to find the general info I needed to file a claim:
http://www.mcanerin.com/EN/articles/copyright-03.asp

And this is a sample document that I modified to file with the offending ISPs:
http://www.mcanerin.com/EN/articles/DMCA/DMCA-ISP.doc

There are a couple of caveats to filing, and I would be happy to assist anyone by PM.

In the opinion of this non-lawyer (me!), I don't think that pictures have to bear a watermark or (C) copyright symbol, but I think it makes things easier and the question of ownership indisputable. I always suggest that newbie Providers watermark their pics as they start to establish their web presence.

KB: Based on what you've read and done, what's your take on watermarking and DMCA?  

(NOTE: Even if watermarks aren't essential to enforce a takedown notice, they prevent others from stealing your pics and using them in their own fake ads (which make you look like a faker, too) or otherwise harming you and your business. Use watermarks!)

Posted By: kerri.bound
I've seen previous posts that have complained about providers' photos being used on "fake" ad sites (they get our photos by scraping ads on legitimate sites).  
   
 If anyone wants to get those removed, you can (even if the website itself ignores any removal request) by filing a claim with the ISP that hosts the domain.  I also had some photos on some sketchy ad sites, but I successfully filed claims until I had them removed.  
   
 Here is the website I used to find the general info I needed to file a claim:  
 http://www.mcanerin.com/EN/articles/copyright-03.asp  
   
 And this is a sample document that I modified to file with the offending ISPs:  
 http://www.mcanerin.com/EN/articles/DMCA/DMCA-ISP.doc  
   
 There are a couple of caveats to filing, and I would be happy to assist anyone by PM.

Posted By: impposter

   
 KB: Based on what you've read and done, what's your take on watermarking and DMCA?  
   
 (NOTE: Even if watermarks aren't essential to enforce a takedown notice, they prevent others from stealing your pics and using them in their own fake ads (which make you look like a faker, too) or otherwise harming you and your business. Use watermarks!)  
 
Imposter, you are absolutely correct. A watermark or copyright symbol is NOT needed to make a claim; photos are inherently property of the photographer.  However, as you mention, it probably will make a copyright claim move along faster if photos are tagged and watermarked since it will be obvious the photos are stolen!  Tiling images and other so-called anti-theft techniques don't work as well as watermarking.  

I mistakenly thought that my initial photos weren't likely to be targeted for theft, so your advice to newbies to watermark everything is great advice.  Automated scrapers take all photos!

I should add the caveat that someone skilled with Photoshop can remove most watermarks; however, that is a good bit of work, and I suspect most individual thieves would move on to easier pictures to steal.  The websites I had problems with were the type that use automated scrapers to copy images, so it's pretty unlikely that they will do the necessary edits.

I should also add that I think I've been retaliated against because of my copyright claims, but I doubt a person can get away with doing that in too many cases without raising flags to TER admin, so I would still encourage providers to file claims if they don't like the unauthorized use of their photos.  Perhaps if more ladies did file claims, those sites would be forced to become legit (or at least only show photos voluntarily)!

-- Modified on 3/10/2016 1:43:15 PM

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