p.1 #1 · Problem with people using my photos on Facebook
I am having a problem with an individual posting my photos on Facebook. Some of them are straight up taken and posted, some are linked from my site or another website.
I have reported the individual several times. Each time, Facebook, after much prodding, removed the photos. Well, this time, apparently the individual has filed a "DMCA Counter-Claim". Here is what I received from Facebook.
We received the following counter-notification relating to content that we
removed at your request. Pursuant to 17 U.S.C. § section 512(g)(2) of the
Digital Millennium Copyright Act (“DMCA”), we will replace or cease disabling
access to the removed material in 10 to 14 business days unless you notify us
that you have filed an action seeking a court order to restrain the other party
from engaging in infringing activity on Facebook related to the material in
question.
>
> You may provide us with notice of any such action by sending us a copy via
reply email or sending it to our designated agent at:
>
> Facebook, Inc.
> Attn: Facebook Designated Agent
> 1601 S. California Avenue
> Palo Alto, CA 94304
> 650.543.4800 (phone)
> 650.560.6293 (fax) ...Show more →
It appears, they will restore the photos, which ironically have my watermark or some sort of identifying marks WITH MY NAME ON THEM, if I sue the individual. What the hell?
I sent the individual an email asking for clarification on this, and they sent this:
Hi Troy,
Per our last email, we will replace or cease disabling access to the removed
material in 10-14 business days unless you file an action seeking to restrain
the user from further infringing your rights, such as notice of pending
litigation. If you require assistance in obtaining documentation of such an
action, we recommend that you seek the advice of an attorney. In addition, this
U.S. government website offers useful background information on copyright and
other intellectual property laws:
p.1 #2 · Problem with people using my photos on Facebook
They will restore the images if you don't initiate some form of legal action.
Facebook notified them that you had filed the takedown, the other party has countered and is stating they do have the right to use the images. The ball is in your court. If you have not registered the images, do so, and retain an attorney (or at least consult with one) to move ahead.
p.1 #3 · Problem with people using my photos on Facebook
This seems odd. Why would someone file a counter-claim in this instance? Aren't there penalties for filing a counter-claim under false or faulty pretenses? Did they just not understand what a counter-claim entailed?
p.1 #4 · Problem with people using my photos on Facebook
Maybe you should email FB that you've decided not to file claim against the user but against FB itself for enabling illegal activities related to copyright infringement. Isn't that what the motion picture guys do to torrent sites. Just sayin...
p.1 #6 · Problem with people using my photos on Facebook
Jim8EL wrote:
Maybe you should email FB that you've decided not to file claim against the user but against FB itself for enabling illegal activities related to copyright infringement. Isn't that what the motion picture guys do to torrent sites. Just sayin...
Yeah, what He said!
But, I do have one question.. and it may sound really stupid..
But if your photos are watermarked, and links back to your site are put in the posts on facebook.. Is that not Good Publicity?
p.1 #7 · Problem with people using my photos on Facebook
There are fair use exceptions to copyright - he may legitimately feel he falls into one of the categories.
I, at least, don't see the problem here. The OP has been enjoying the broad powers of the DMCA to remove content he/she feels is infringing his copyright and has perhaps missed the provision in the law that requires that he may have to prove that the copyright is his and that the usage is illegal. Facebook, sitting in the middle, is doing exactly as it should - assuming innocence until guilt is proven.
ontime wrote:
This seems odd. Why would someone file a counter-claim in this instance? Aren't there penalties for filing a counter-claim under false or faulty pretenses? Did they just not understand what a counter-claim entailed?
