 - Sherry Stricklin Boles  Contact Sherry Stricklin Boles Sherry Stricklin Boles's Gallery |
Copyright & Website Contests/Display Is it a violation of copyright, If you enter an online contest (where it is expressly stated that you own the copyright and NOWHERE states any indefinate use of the photo) and the website refuses to remove the photo at the photographer's request? [In my experience, most websites are very polite about removing photos at the photographers request. However, one site is not being so polite!] I plan on deleting my membership, I do not want to leave my photos in their possession without me even having access to them! The administrator responded to my email request that they "can't" remove my photos. I'm not buying that since they can disqualify photos from the competitions. (The photos that I want removed aren't even in current contest, they are from contests months ago!) If I own the rights and gave up no rights in entering the contest (I even went back and double-checked to make sure their was no "fine print"), do I have the right to demand that they be removed at my request?
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Mark Feldstein |
So, you initially granted them usage rights to place your images on their website. That's called "usage". Then you rescinded your permission. Their failing to comply with your request is called "infringement" which in this case, is done knowingly, in light of your requests, and therefore "deliberate or willful." First, register your images with the copyright office in Washington, D.C. (Assuming it's been less than a year since you created these). Then, find out who's running the website, get a street address for them and send a certified letter (1) demanding immediate return of all your images (2) that they know or should know these images are yours and copyrighted and that they IMMEDIATELY CEASE AND DESIST FROM CONTINUING TO WRONGFULLY PUBLISH THOSE IMAGES ABSENT YOUR WRITTEN CONSENT (the cease and desist language is important here) and (3) that by electronically publishing them on a website, they are knowingly infringing on your copyright; and (4) that you intend to commence a civil action against them for copyright infringement in the U.S. District Court where you will seek declaratory and injunctive relief, all damages you are entitled to by statute, along with punitive damages, and costs of suit including attorney fees by statute. The foregoing should get their attention.
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- Sherry Stricklin Boles Contact Sherry Stricklin Boles Sherry Stricklin Boles's Gallery |
Thanks, Mark...I really appreciate your helpful advice. Yes, It has been less than a year since the photos were taken. I tried researching the topic myself and what you stated was my understanding also. However, you definately explained it much better than any website that I found! Thank you so much!!
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Mark Feldstein |
My pleasure, Sherry. If you need forms for registering your copyright then go to: http://www.copyright.gov/register/visual.html That's the visual arts registration information page at the Copyright Office of the Library of Congress. It's a great site, very informative and also has the downloadable forms in PDF format that you need for registering your work. I think you probably want a copy of Circular 40 and 41A. Take it light.
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