Protecting your photographs via DMCA

Discussion in '35mm Cameras' started by daveFaktor, Jun 19, 2009.

  1. daveFaktor

    daveFaktor Guest

    This information is applicable only in the United States of America.

    If a website or blog that has published your photographs without your
    permission, you can have them removed almost instantly and you don't
    need to involve yourself with the thief. If you use even the most basic
    protection from theft, you can also sue the thief and most likely his
    host for damages.

    The Digital Millennium Copyright Act – DMCA criminalises production and
    dissemination of technology, devices, or services intended to circumvent
    measures (commonly known as Digital Rights Management or DRM) that
    control access to copyrighted works and it also criminalises the act of
    circumventing an access control, whether or not there is actual
    infringement of copyright itself.

    Under the DMCA, you have to provide WRITTEN notice to an offending
    service provider. I strongly suggest you hire a lawyer but you can do it
    yourself.

    With this in mind, you should begin using software that provides some
    protection from directly downloading your images. It won't stop a
    determined thief like Bret Douglas or Jeff Ralph but it will give you
    the basis for a successful action against them to recover damages. The
    law also provides for a jail sentence for the thief.

    I use a gallery creating program (free in it's basic form) called
    'Jalbum' and a "Skin" I bought which has amongst other things, a
    password requirement before allowing downloading of images. (right click
    circumvention is automatic)

    Should *anyone* take you photos without your consent, they have become
    criminals by circumventing your DRM. This is nothing at all to do with
    Copyright and everything to do with giving you the right to decide who
    can or cannot have your photos.

    You can then sue them directly for large sums of money under the Digital
    Millennium Copyright Act. (DMCA) for circumventing your DRM as well as
    any copyright violation.

    You can download a DMCA take down notice and file it yourself, from here:
    http://www.dreamweaverresources.com/forms/copyright/DMCA_original.doc

    For outside the USA where the US, DMCA does not apply, you can server a
    different take down notice and probably achieve the same results:
    http://www.dreamweaverresources.com/forms/copyright/cease_desist_original.doc

    Both of these forms are public domain material.

    I word of warning. I have spent many thousands of dollars protecting my
    legal right to control who can have my photography. There is a list of
    trolls I got nowhere with when I demanded they take my images down.
    That's when I discovered their ISP or hosting firm was a clearer target.

    Don't even think about suing someone unless you are sure they have the
    resources to pay you damages. If they have, go for the throat without
    warning. They are common thieves and need to be treated as such.
     
    daveFaktor, Jun 19, 2009
    #1
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  2. daveFaktor

    daveFaktor Guest

    I'll give you some fair warning and advise here boy. I take close to 800
    photos a week. I do it for money. OK so some of them are not going to
    make it into Vogue Magazine but all of them I get paid to take. The
    stuff your dreams are made from, fanboi

    You stole a "proof" gallery from me. In case you haven't gotten your
    head around the description yet. Clients choose about 50 or 60 photos
    from proof Galleries (often containing 800 or more of their photos) that
    I build their wedding album with. Nearly all that remains go in the trash.

    You decided to pick the worst of the photos I presented and tried to
    make out I was a crap photographer. Well, here's the facts mate. When
    you get to shoot 800 photos inside five hours and do it every Saturday
    and most Sundays, I'll bet you my new boat (Ryadia II) that there'll be
    a bloody side more duds in yours than in mine.

    My Daughter has just bought a brand new, 5 bedroom house. The garage is
    worth more than the shit box you live in. She got the money because we
    work as a family. I moved in with her for a couple of years to help her
    pay off the first house whilst she put the money together for the new one.

    If you find something comical or disgusting in me and Margie living in
    the basement of a 2 story home, there is. Because of the family pulling
    together, she now lives in a mansion and you still live in slum. Go
    figure that one out.

    Goddady told you ...as they tell every wannabe lawyer who gets it wrong
    to file a DMCA claim and follow some rules if you wanted images removed
    from someone else's site. They also told you to provide the copyright
    registration if you intended to claim ownership of them...

    You couldn't prove you owned them because someone else took the photos -
    You claimed were yours! Just because they were taken with your camera
    doesn't hold water. The photographer owns the copyright, not the
    equipment junkie who lent him a camera.

    You still haven't told us yet, how you get to be the photographer while
    you're accepting a cash prize. Want to do it now? LOL.

    Bullying?
    Come on Bret. Own up mate.You started the whole thing by stealing my
    client's Gallery and inviting all the scumbags of the world to post
    often obscene and always offensive comments that you started and
    encouraged others to do. You're a fuching swine of the first order.

    The part you didn't count on was me retaliating... How's it feel.
    knowing you didn't even have to bend over for it. ROTFL.

    How smart were you? Trying for months to crack my eBay password and
    every time leaving a trail a blind man could follow. Don't ever wonder
    why I think you're a jackass. Not even up to the level of the idiots in
    Australia who stalk me.

    The World's greatest *tamelife* photographer Ha, Ha, ha. Out of focus
    eagles, blown out dogs and frozen insects. That about sums it up, eh?
    Get a life Bret. You'll never have one the way you're going. Just be
    prepared for the inevitable mate... And remember my condo in Miami.
    Pretty soon you'll be just an hour away... According to your driving
    lies ROTFL.
     
    daveFaktor, Jun 20, 2009
    #2
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  3. daveFaktor

    ribbit Guest


    Not if you have 2 camera operators. Or doesn't your budget run to
    employing people? Who was it taht said "you can't beat God for lighting"?
    Ever used a reflector Duncan?
    In fact have you ever taken a photograph?

    Examples of your work seem to be pretty thin on the ground.

    Are you so insecure you won't share them with the rest of us or are you
    frightened you might get some criticism like you enjoy dishing out?

    Come on. Put up or shut up.
     
    ribbit, Jun 24, 2009
    #3
  4. daveFaktor

    ribbit Guest

    I knew you had spy cameras. I just wasn't aware you had one in my shed.
     
    ribbit, Jun 25, 2009
    #4
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