My Photograph on 50+ websites

[waleedsulehri]

What is the name of your state (only U.S. law)? N/A

I took a photograph of Jeddah coastline on 11th January 2014. I only uploaded the low-res version of that photo on my website as well as social media (facebook).

Last week, while surfing through my social media feed, I stumbled upon my photograph used by a Bahrain-based magazine. To my surprise, I did a google image search and found over 50 websites (incl. a major Media group, airline, dictionary & magazines etc) using my photograph without asking for my permission and credit. Just to add, some of these are really big corporations/businesses.

Upon further research, I found my photo with a CretiveCommons license (wikimedia) issued by someone else without my notice.

Kindly advise as what should be the course of action in this situation.

 

[FlyingRon]

First thing you should do is get it off wikimedia. See here: https://commons.wikimedia.org/wiki/Commonseletion_policy

Then file DMCA complaints with as many of the websites as you can. Technically this only works for the US (it's part of the US DMCA), however most larger foreign ISPs will honor similar complaints.

As for other options, you'll have to tell us what country you are in (this is why the site asks the state name which you BLEW OFF rather than giving an essential answer). It is very MUCH applicable.

 

[quincy]

What is the name of your state (only U.S. law)? N/A

I took a photograph of Jeddah coastline on 11th January 2014. I only uploaded the low-res version of that photo on my website as well as social media (facebook).

Last week, while surfing through my social media feed, I stumbled upon my photograph used by a Bahrain-based magazine. To my surprise, I did a google image search and found over 50 websites (incl. a major Media group, airline, dictionary & magazines etc) using my photograph without asking for my permission and credit. Just to add, some of these are really big corporations/businesses.

Upon further research, I found my photo with a CretiveCommons license (wikimedia) issued by someone else without my notice.

Kindly advise as what should be the course of action in this situation.

Are you in Saudi Arabia?

I see that you already changed the name and license with Wikimedia and the file was nominated for deletion on February 21.

*Was your photograph of the coastline taken from a "tourist" outlook point? If so, there could be several photographs that are similar in appearance, and these photos can be without enough originality to qualify for copyright protection (i.e., an infringement suit could not be supported).

If that is not the case, and your photo is unique to you alone, you can additionally file takedown notices on US sites hosting the photo, under US copyright laws and the Digital Millennium Copyright Act (DMCA). For information on the takedown procedure, visit the US Copyright Office site at http://www.copyright.gov


*Nevermind - I see how the single image has been used by others (sometimes with the image flipped). You might want to see an attorney in whatever area of the world you are located to discuss an infringement claim. Do you know the identity of the one who originally pilfered your image?

 

[waleedsulehri]

First thing you should do is get it off wikimedia. See here: https://commons.wikimedia.org/wiki/Commonseletion_policy

Then file DMCA complaints with as many of the websites as you can. Technically this only works for the US (it's part of the US DMCA), however most larger foreign ISPs will honor similar complaints.

As for other options, you'll have to tell us what country you are in (this is why the site asks the state name which you BLEW OFF rather than giving an essential answer). It is very MUCH applicable.

Hi,

Thank you for your response. I've already nominated the file for deletion on wikimedia, I don't know how long is it going to take though.

The thing about DMCA is that, as I've done a bit of research, it seems that a DMCA coming from an individual carries less impact than the one coming from a lawyer. Would you suggest me hiring an attorney for sending out the DMCA's?

Yes, I'm currently residing in Saudi Arabia. And most of the websites that use my photograph are middle-eastern based, with an exception of a few that are based in UK.

 

[Just Blue]

Hi,

Thank you for your response. I've already nominated the file for deletion on wikimedia, I don't know how long is it going to take though.

The thing about DMCA is that, as I've done a bit of research, it seems that a DMCA coming from an individual carries less impact than the one coming from a lawyer. Would you suggest me hiring an attorney for sending out the DMCA's?

Yes, I'm currently residing in Saudi Arabia. And most of the websites that use my photograph are middle-eastern based, with an exception of a few that are based in UK.

So what do you thing a United States forum can do for you? We only deal with U.S. Laws.

 

[quincy]

Hi,

Thank you for your response. I've already nominated the file for deletion on wikimedia, I don't know how long is it going to take though.

The thing about DMCA is that, as I've done a bit of research, it seems that a DMCA coming from an individual carries less impact than the one coming from a lawyer. Would you suggest me hiring an attorney for sending out the DMCA's?

Yes, I'm currently residing in Saudi Arabia. And most of the websites that use my photograph are middle-eastern based, with an exception of a few that are based in UK.

The DMCA needs to come from the holder of the copyright (or someone legally authorized to represent the copyright holder). There is no difference in the response that must be made by an ISP upon receipt of the takedown notice, whether it be from the copyright holder or an attorney representing the copyright holder. The web host must remove the content said to be infringing upon notification or risk losing the safe harbor available to them under the Act.

You can from Saudi Arabia - or from anywhere in the world - take advantage of the US's DMCA takedown notice when the copyright has been infringed on a US based site.

If the infringement is primarily in Saudi Arabia and with Saudi Arabian publications (and I see that it is), you must rely on Saudi Arabian copyright laws.

I suggest you seek out an attorney in your area for assistance. FreeAdvice handles US laws only.

Good luck.