stolen image used for a published ad

[akirapro]

What is the name of your state? What is the name of your state? CALIFORNIA

Can a webmaster do anything legal if you steal an uncopyrighted image from his website and use it for an ad and publish this ad in several magazines? here's the link to the forum where they're giving him advice to sue:

http://www.honda-tech.com/zerothread?id=238566


The webmaster is threatening to sue but i don't believe his images are copyrighted.


Please Help!

 

[JETX]

If you have used someone elses picture for commercial purposes, you have not only violated their copyright BUT also this could be considered theft.

1) 'Copyright' issue:
"The Digital Millennium Copyright Act (DMCA) which went into effect in 1999, provides yet another way to help photographers and agencies protect against infringement. The DMCA was adopted to help protect material distributed in digital form. Under the DMCA, it is a separate act of infringement to remove, alter, tamper with or reverse-engineer any copyright protection mechanism or management information. In order to take advantage of this law, however, the DMCA is not clear on whether the copyright protection and management information must also be registered. Consequently, photographers and agencies should register this material in compilation form, covering both bases to ensure their rights under this new law."
Source: http://www.corbis.com/corporate/copyright/uslaw.asp

Also:
http://lcweb.loc.gov/copyright/legislation/dmca.pdf

2) Theft:
The owner could claim that the image is 'property' and COULD make a charge (though unlikely to be accepted).

Suggestion:
In looking at the 'offending' photo, I have to assume that there are other comparable subject photos available.... and there would be a much less chance of them being identified (the signs in the background pretty much ties this one down!!). Change the picture.

 

[akirapro]

in the event....

in the event that the image has already been used and published in several magazines, which cannot be undone, are there any alternative solutions to avoid legal action?

 

[JETX]

Q: "are there any alternative solutions to avoid legal action?"
A: If the other party decides to file a suit against you, there is really no way to prevent him from doing so.