Use of my photos & vid clips - no copyright /

[mr modo]

Looking for genuine advice with regard to the use of my photos & video clips on a website where:-

1. No copyright permission for their use has ever been given by myself (I took all still photos & video clips).

2. As I feature in many of the photos & video clips I have not personally signed any model release forms.

3. The still photos & video clips I did, were given to the webmaster for this site via the owner of the site - this working relationship has turned very sour since the images were handed over by myself and I have been left with no return for my work, or am not able to contact either party with regard to this problem.

I am not really looking to make any money out of this situation, just to get my work taken off the site. Is this possible?

Please reply if you can offer genuine advice - It would be appreciated.

[The Porn Nicker]

Tough Luck

[Frank]

Without a model release no reputable site should post your pics. You should take legal advice.

[EC]

I believe the correct way is to ask the site to "cease and desist" from using the material - send them a letter and give them a set timetable to remove the material otherwise you will sue. If they ignore and fail to remove the material then you proceed with legal recourse.

[Peter]

Include the following in you correspondence, I find it usually focuses the mind.

Copyright, Designs and Patents Act1988. A person guilty of an offence under this section is liable on conviction in the Magistrates Court to a fine of up to ?5,000 (per offence, ie. per picture) and on conviction in the Crown Court to imprisonment for up to 2 years and/or an unlimited fine.

[Zipper]

It does show you the value of having a written agreement before starting off any venture; friends or not.

Is the web site hosted in the UK or the US, or other? As the law is relevant to the country where the web pages (your gear) is hosted.

Good luck, and send the boys round, big stick etc.

Zipper

[Joe A]

Here is what you have to do.

As a webmaster I've put up a page on one of my domains to cover the DMCA 1998 Act: http://www.indianpornlords.net/digitalact.html

Download the page to your pc and then just change my info to suit yours and if you have any problems.. Email me. I have to use this myself quite often and it does work specially if the offending site is a pay one. You send a copy to their CC processor and he'll freeze the acct. until all the offending material is removed.

Good luck

[photman]

Thats just one site you know about. If the site has any traffic worth mentioning, the material is probably on other sites by now.
Just one of the perils of this Digital Age

[Jason]

Contact their web host and tell them the site is using unlicenced content and that you intend to take legal action against the site and the host.

The host is also liable for breach of copyright (in a similar way as if the site was displaying kiddie porn for example) as they are responsible for policing what is on their servers.