Author Topic: Please give me some advice on how to prove that I own the copyright to an image (Read 5828 times)

zsooofija · « **on:** November 04, 2016, 13:38 »

Hi,

Recently I found one of my images being sold on t-shirts.

Since I was sure this image got no EL, I contacted the shop. They are telling me, that one of their contributors uploaded it to them, and he/she is claiming it is her image. I sent them some screenshots about this image being online on several stock sites for almost 2 years, under my name.

They do not believe me, and I don't know what else could I do. This has been going on for almost 2 weeks, they keep asking me for more proof, starts to feel like I am the offender here. In the meantime the t-shirt sells, and the thief gets his/her money.

The funniest part: They don't know the real name of this contributor. I already explained to them, that they should know the person's name, they should have a contributor agreement or a contract etc.

They also have designs from other stock contributors (and I am almost sure it is the same story).

I appreciate any advice on this.

Thank you!

CJH Photography · « **Reply #1 on:** November 04, 2016, 13:46 »

Raw files or reference images should be good proof-but I wouldn't turn them over to thieves! Is it enough of an issue money-wise to consult an attorney?

zsooofija · « **Reply #2 on:** November 04, 2016, 14:00 »

It is a vector file, with no reference (drawn with my tablet) and I have it of course, but as you said, I would not send them that (also anyone can download it for a few bucks).
Even if I contact an attorney (although I feel that I already put way too much energy in this explaining the obvious to these people) I think it would be complicated and expensive, as we (me and this website) are located in different countries.
Thank you anyways for your input.

Giveme5 · « **Reply #3 on:** November 04, 2016, 14:21 »

You did probably what you can by yourself- knowing the folks on this site (super hunters of the criminals) if you could show us which image on your shutterstock is the one in question. We can than search (hunt) other microstock companies and find the criminal. Once we locate them you can than contact the thief directly. It bounty time folks!

Justanotherphotographer · « **Reply #4 on:** November 04, 2016, 14:31 »

My instinct is that they are BSing you. You have a very distinctive style. one look at your portfolio let's them know it's yours. Plus if they are a legit site they need to take it down on a dmca notice or they are opening themselves to being sued.

Which is they site?

zsooofija · « **Reply #5 on:** November 04, 2016, 14:52 »

http://www.mad-world.it/prodotto/acab/

this is the t-shirt/ company.

I found the host of their website aruba.it, but I can not find any e-mail or contact so I don't know where to send the DMCA.
Also I do not speak Italian so I can't call them.

zsooofija · « **Reply #6 on:** November 04, 2016, 14:55 »

It's a Mad World, right? $:-\$

ShadySue · « **Reply #7 on:** November 04, 2016, 17:25 »

Quote from: zsooofija on November 04, 2016, 14:52

http://www.mad-world.it/prodotto/acab/

this is the t-shirt/ company.

I found the host of their website aruba.it, but I can not find any e-mail or contact so I don't know where to send the DMCA.
Also I do not speak Italian so I can't call them.

Does a DMCA have any legal standing outside of America?
I wouldn't have thought so.

You'd no doubt have to get them under Italian/EU legislation, but I don't really know anything about that, or anything like enough Italian.

Good luck, though. I wish you all the best in getting this sorted.

WaterView · « **Reply #8 on:** November 08, 2016, 18:36 »

Quote

"I sent them some screenshots about this image being online on several stock sites for almost 2 years, under my name.

They do not believe me, and I don't know what else could I do"

I've never tried it but, I think you could get some kind of statement from one of the first sites you published the image on that includes the date it was initially published to establish first published date. Or, if there is a date 1st published already on the site with your image? I guess I'm assuming now that you've tried the second suggestion already in your screenshots?
Not sure if the waybackmachine at http://archive.org/web/ would be helpful in establishing first general published date. If I remember right that may just index a site once a quarter (3 months) if you could find it.
Have you tried contacting the person using your image to ask them to not use it without the EL license you spoke of? Try looking for their name another way if the site it's on is not being helpful yet. Try to search for your image other ways and you may get better leads of on how to contact them?

I hope this helps. Good luck.

zsooofija · « **Reply #9 on:** November 09, 2016, 17:06 »

Quote from: WaterView on November 08, 2016, 18:36

Quote
"I sent them some screenshots about this image being online on several stock sites for almost 2 years, under my name.

They do not believe me, and I don't know what else could I do"

I've never tried it but, I think you could get some kind of statement from one of the first sites you published the image on that includes the date it was initially published to establish first published date. Or, if there is a date 1st published already on the site with your image? I guess I'm assuming now that you've tried the second suggestion already in your screenshots?
Not sure if the waybackmachine at http://archive.org/web/ would be helpful in establishing first general published date. If I remember right that may just index a site once a quarter (3 months) if you could find it.
Have you tried contacting the person using your image to ask them to not use it without the EL license you spoke of? Try looking for their name another way if the site it's on is not being helpful yet. Try to search for your image other ways and you may get better leads of on how to contact them?

I hope this helps. Good luck.

Hi,

The screenshot were from my contributor page (not buyer page), showing uploaded/ and online since dates (on several sites).

Now there has been some progression on this case, now they said they believe me, that the image is mine.
So that part is solved.

But the t-shirt is still online, they did not delete it.

I was very polite from the beginning and offered them two options:
1. buy EL and keep selling it
2. delete my image

Now they just sit quietly

I will send them a reminder from time to time, but I see less and less chance for that image to be removed...

SpaceStockFootage · « **Reply #10 on:** November 09, 2016, 22:00 »

I'd send them the source files. I mean, what can they do with them that they're not already doing without them?

zsooofija · « **Reply #11 on:** November 10, 2016, 04:10 »

Quote from: SpaceStockFootage on November 09, 2016, 22:00

I'd send them the source files. I mean, what can they do with them that they're not already doing without them?

The part where they don't believe me is solved. See my reply above.
They just sent me an e-mail an hour ago that it they hide it from the homepage. But it is still there if you have the link
http://www.mad-world.it/prodotto/acab/
Their English is way worse than mine, so communication is not easy.