Should I go for the Jugular or just Slap him around a bit?

[DEMDeepEllumMusic]

Someone gave me a heads up that one of my Sweetwater picks was being used on someones site.
http://laelaps.wordpress.com/2007/03...led-by-texans/
I was wondering why the traffic on the page went up so much this evening.

So it says he is a grad student at Rutgers, he should know better what with all the music copyright violations being prosecuted, but there is some $ in the family since Rutgers is not cheap in the least.

I already posted a reply to his post telling him that he did not have rights to use the photo even though he links to my album.

So how mean should I be? Legal fees and a big mac, legal fees and pay my gasoline bill for going to the snake roundup? Legal fees and gas and camping costs and food costs? What about my hat band that I bought?

[boxofrocks]

At the very least, I would say a firm cease and desist email is in order, vaguely threatening legal action if the photos and any link to your site is not removed within 24 hours. I suppose he could trot out the "public domain" argument, since I didn't see specific copyright info on your pbase page (might want to add some).

If you don't have results in 24 hours, do you want to pay an atty to send a nastygram? That's up to you. You'd have to front the fees, and hope you collect.

[pippin]

Seriously, that guy is a jackass.

I'd be going after all he has. Legal fees and anything else. Loss of income or something.

People like him make me sick quite frankly.

[DEMDeepEllumMusic]

Copyright info and contact info is on the front page of all the albums. I already posted to his website using his message system, will follow it up from my email account.

Let him get his fodder elsewhere.

[Saltwater Servitude]

Teach him a real world lesson via the judicial system.

[DEMDeepEllumMusic]

I could use a nice 300mm 2.8!

[east_tx]

he has nothing but negativity to spit at people. Now, I am sure if he were you, he would be at your house with a search warrant to find those links to his pictures on your computer I, myself, try to look at a person's intent, possible ignorance of the law, and consider how they respond (or not respond) to my first call. He seems to know everything about everything to me. I don't think I would cut too much slack if he didn't at least respond with an apology. Good luck.

[NathanJK]

I'll be the dissenting opinion: he was using it for a journalistic purpose (whether or not you agree with him is another story), and it probably isn't an image that was going to bring you any money from a newspaper etc. If it was me, I'd just be glad to be getting the free press and traffic, its not like he indicted YOU for being at the event.

[DragonFly]

Depending on how you wish to handle the issue you could contact the University and let them know about it. He does reference his standing in the university on the same page with the unauthorized use of your photo. Here is the information to the department if you would like it.

Director , Dr. Peter J. Morin
Ecology and Evolution Graduate Program
14 College Farm Road, Room 148
Environmental & Natural Resource Sciences Building
Cook College
Rutgers, The State University
New Brunswick, New Jersey 08901-8551
USA
Phone:(732) 932-3214 (office)
FAX: (732) 932-8746
E-Mail: pjmorin@rci.rutgers.edu

[PeteQ]

He's there talking about injustice yet what he did was a blatant copyright violation, regardless if it was his journailstic purpose, the image is not his property to use.

Cease and desist along with with a quote for web usage fees, licensing, etc. as specified damages OR possible licensing. Good place to start. Offer him the chance to pay....

[DEMDeepEllumMusic]

Originally Posted by NathanJK

I'll be the dissenting opinion: he was using it for a journalistic purpose (whether or not you agree with him is another story), and it probably isn't an image that was going to bring you any money from a newspaper etc. If it was me, I'd just be glad to be getting the free press and traffic, its not like he indicted YOU for being at the event.

Sorry but you are wrong, he is a blogger and he did not ask for permission to use my photo-I in fact would not have allowed him to use it- and even if using it in a journalistic manner does not excuse him from violating the Millenium Copyright Act.

I sent him an email from my noted email account that is attached to the Pbase album and noted on my front page of albums.

I also blind copied a member here with the same letter to have a second person with the info.

I gave him 12 hours from the letter to pull the photo and all links to my albums and I said that doing that still did not relieve him of me taking legal actions against him.

So I will see what his response is in the morning.

Anybody know a good copyright lawyer in the DFW area that wants to pic up a few bucks?

[east_tx]

I can see it now. PETA will contact you and ask for permission to use your photos (or just use them without your permission). They will show up at next year's Rattlesnake Roundup and stage a huge protest rally. The law will get invloved and shut down the 100 year-old event for good. I guess we could all get a few good shots of the rally and make millions

JUST KIDDING.....maybe a few hundred thousand each.

I still stand by my earlier response, but, then again---- I am not a rattlesnake.

Paul, I do not mean to make light of your situation----just trying to put a little humor in to lighten the mood. Good luck and let us know how things go. Take care.

[WTx]

I've had more than one of my photos stolen and used without my consent. I am surprised that I actually managed to find them. I was once looking at a commercial website and realized it was my photos they used. I also found a guy using several of my photos in his YouTube video visable to everyone. All it took was a friendly e-mail informing them they did not have permission to use them and they were removed without incident.

[Jim Victory]

It is more than that because if you read the response of one of the cretins he seems to think it is alright to use a photo without permission just because it is on the internet.

I'm sure many professional photographers and amateurs alike would differ with that mindset if people went to their websites and started copying and using their pics.

[DEMDeepEllumMusic]

I actually just removed the photo from my album and it still is showing in his blog so it isn't just a hot link but inbedded into his blog.