is a modified photo still my photo?

[yuno]

What is the name of your state? - I live in croatia BUT, my site is on a US server.

I have a website on which I keep my photographs. Yesterday I found out a person from Australia has used one of my photos to desing her website with, without asking me or crediting me. She claims that the fact she slightly modified it means it is no longer my photograph and that I have no right to ask her to credit me or to take it down.

I live in Croatia. She lives in Australia. I have no intention to go as far as to sue, but I need to know if what she says is true?

Her website is hosted on a US server, and so is mine, so which laws are the contents subject to? Australian and Croatian, or American?

 

[JETX]

Legalities aside for a minute.... what are you really going to do if you were told that her actions are in violation of international copyright laws??
Are you willing to pay several thousand dollars (or equivalent) to hire a local (Croatian) attorney to file and pursue civil damages against her??
Of course not.

 

[yuno]

no of course not.

but I'm asking for advice on how to scare her and force her to remove it.

What actions could I possibly take up with her provider? Can I ask them to warn her? Take the site down? They probably wouldnt unless i really threatened to sue them wouldnt they?

 

[JETX]

"but I'm asking for advice on how to scare her and force her to remove it. "
*** Sorry, this is a LEGAL advice forum. You might want to post your issue over on the other website, located at www.ScareThemIntoRemoving.com

Simply, they will do nothing on any threats or letters you might consider. Reason #1: Though there are international copyright laws, your claim of a modified picture is so minute that it is not worth arguing.
Reason #2: You are thousands of miles away from the web designer and the server provider.

But, go ahead, write them a letter if it will make you feel better.

 

[HomeGuru]

Yuno, you know that you really do not have much of a case.

 

[crauzan]

I have same question. What about if the pics has been modified ? for example, someone has some pictures, the pics have background and the image size 275 x 100.
But then someone modified the pictures by deleting the background & change the image size to 100 x 100.
In this case, the person who is claiming that the pictures with background belong to him (he can't show the copyright documents but he said he has all the negatives of the pictures), and said that the other person who is modifying the pictures are copying his pictures and now he told to the person to remove all the pictures that he claimed belongs to him.
Is it possible without showing all the negatives, the copyright documents that mentioned he's the owner of the pictures ?
The pictures he claimed are not special. We can find them in many places as the pictures are handicrafts that we can buy in the market. The thing that he's really annoying by sending email to thread people.

 

[divgradcurl]

In _U.S._ copyright law, the copyright owner has the right to control the creation of derivative works -- if someone took a photo that you held a copyright on and modified it, then they would be in violation of your copyright rights.

Good luck with ali of the jurisdictional issues.

 

[ipstudent]

In _U.S._ copyright law, the copyright owner has the right to control the creation of derivative works -- if someone took a photo that you held a copyright on and modified it, then they would be in violation of your copyright rights.

Good luck with ali of the jurisdictional issues.

It is true also pursuant the Berne Treaty. As the copyright owner, you have the right to control the creation of derivative works. Should someone else 'steal' your image and create a derivative work, it is considered a copyright infringement.

http://www.wipo.org/treaties/documents/english/pdf/e-berne.pdf

the above link may prove to be useful.