BetterPhoto Q&A
Category: New Answers

Photography Question 

Rosie Fodera
 

Stolen Images


I recently noticed that my photo's from my better photo site were posted on a chat forum. I contacted the user via email (person is not in the US)to let him know that he is not authorized to do this. He was not very responsive. I was wondering if this has happened to anyone and what are my legal rights to this? How can I proceed from here? There is no one on the site that I can contact to remove the photo's. My ultimate concern is that these are photo's of children.


To love this question, log in above
June 05, 2007

 

Debby A. Tabb
  Rosie,
unfortunitly US copyrights do not extend outside the US.
Here is the Statement from the US office concerning International Copyrights I do hope this helps, Debby:

There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country basically depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions, the Berne Union for the Protection of Literary and Artistic Property (Berne Convention) and the Universal Copyright Convention (UCC).

The United States became a member of the Berne Convention on March 1, 1989. It has been a member of the UCC since September 16, 1955. Generally, the works of an author who is a national or domiciliary of a country that is a member of these treaties or works first published in a member country or published within 30 days of first publication in a Berne Union country may claim protection under the treaties. There are no formal requirements in the Berne Convention. Under the UCC, any formality in a national law may be satisfied by the use of a notice of copyright in the form and position specified in the UCC. A UCC notice should consist of the symbol © (C in a circle) accompanied by the year of first publication and the name of the copyright proprietor (example: © 2006 John Doe). This notice must be placed in such manner and location as to give reasonable notice of the claim to copyright. Since the Berne Convention prohibits formal requirements that affect the “exercise and enjoyment” of the copyright, the United States changed its law on March 1, 1989, to make the use of a copyright notice optional. U.S. law however, still provides certain advantages for use of a copyright notice; for example, the use of a copyright notice can defeat a defense of “innocent infringement.”

Even if the work cannot be brought under an international convention, protection may be available in other countries by virtue of a bilateral agreement between the United States and other countries or under specific provision of a country’s national laws. (See Circular 38a, International Copyright Relations of the United States.)


To love this comment, log in above
June 05, 2007

 

Rosie Fodera
  Thanks Debby! This is terrible. I'm especially concerned because they are pictures of children.


To love this comment, log in above
June 05, 2007

 
- Gregory LaGrange

BetterPhoto Member
Contact Gregory LaGrange
Gregory LaGrange's Gallery
  There's no host site that you can contact?


To love this comment, log in above
June 05, 2007

 

Rosie Fodera
  I emailed the admin there but didn't get a response. The person who put them on took the pics off- after a few wise remarks.


To love this comment, log in above
June 05, 2007

 
- Gregory LaGrange

BetterPhoto Member
Contact Gregory LaGrange
Gregory LaGrange's Gallery
  Well, you got them off.


To love this comment, log in above
June 05, 2007

 
This old forum is now archived. Use improved Forum here

Report this Thread