Stolen Photos

[Screameleons]

Just a heads up guys. There is a website (PrimEvalPets.com) that has stolen a photo of our Sirius. They are using the photo to sell their chameleons. They did a good job cropping out our logo and copyright. We contacted them and asked them to remove the photo, in addition to giving them 2 weeks to do so. They refuse to remove the photo.

http://www.primevalpets.com/#!__reptiles

Just be aware that the photo does not belong to them.

Thanks!

 

[carol5208]

that sucks! Isn't there anything you guys can do about that? Well, I sure will never be buying anything from them. Not that I probably would have in the first place anyways! Not cool at all!

 

[Texas Ranger]

Wow that just not right
I had someone about 2 months ago post one of my wc Nosy falys up to sale his chams on faunaclassaifieds it made me so mad I talked to him and he removed it... I just don't understand why people cant use there own cham pics.

 

[Chris Anderson]

Vince,

Since the owners of PrimEval Pets are too unscrupulous to man up and take down your photo that they stole, go above their heads and not give them the option any more. If you issue a DMCA compliant notice to the host company of their website, they are legally obligated to remove your photo from the website or you can hold the host company liable for it.

According to their WhoIs data (http://whois.net/whois/primevalpets.com), their site is hosted by YahooDomains.

Here is an example of what you'd need to email Yahoo ([email protected]) to have the image removed:

To Yahoo! Domains:

I am the copyright owner of a photograph being infringed at:
http://www.primevalpets.com/#!__reptiles

Specifically this is the photo above the "Chameleons" icon and due to the use of Adobe Flash on this site, I am unable to give the specific URL this photograph is hosted on.

A copy of the photograph being infringed can be found at the link below to assist with their removal from the infringing websites:
INSERT URL FROM YOUR WEBSITE WHERE THE PHOTO IS ALREADY FOUND SO THEY CAN SEE IT

This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringement. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified posting and prevent the infringer, who is identified by its web address, from posting the infringing photograph to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photograph upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, its agent, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.

Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.

Sincerely,

Hope that helps,

Chris

 

[Olimpia]

Thank you Chris, I'm saving that email draft. As someone who has artwork up in various places I also have to fight someone over copyright every so often.

 

[Screameleons]

Chris, Thank you so much for this info. Double thank you for the draft. You'd think that politely asking them to remove the photo would do the trick. Email has been sent to Yahoo so we'll see how it turns out.

 

[Chameleons Canada]

Well I can tell you is not working anymore, I tried and the URL is not working. Good Work Chris!

 

[James45]

Url is still working so nothing has changed yet.

 

[chameleoman]

Well I can tell you is not working anymore, I tried and the URL is not working. Good Work Chris!

same here is doesnt work for me either

 

[Chris Anderson]

Thank you Chris, I'm saving that email draft. As someone who has artwork up in various places I also have to fight someone over copyright every so often.

Chris, Thank you so much for this info. Double thank you for the draft. You'd think that politely asking them to remove the photo would do the trick. Email has been sent to Yahoo so we'll see how it turns out.

You'd be surprised how frequently I have to deal with people using my photos as well and how frequently an email asking them to remove the photo doesn't work. DMCA takedown notices have been extremely helpful in these cases and as you can see, they tend to work quite quickly! Glad to help!

Chris

 

[lindstedt56]

Awsome! There site is gone. That was quick.

 

[Brad]

Awsome! There site is gone. That was quick.

That's a little disturbing and sounds like it could be abused easily. How does the host company know the complaint was legit and not malicious?

 

[Chris Anderson]

That's a little disturbing and sounds like it could be abused easily. How does the host company know the complaint was legit and not malicious?

It can be easily abused and the host company has no real way to know the complaint was legit. If the site owner feels it was false, however, they can issue a counter-notification to the host company. A counter-notification claims either that the copyright owner is mistaken and that the work is lawfully posted (in other words, that it's a fair use or otherwise legally excused) or that the work has been misidentified. In these cases, the host company is required to restore access to the content and notify the original complainer of the counter-notice and they are no longer liable for damages, the website owner is entirely. If the owner of a site does issue a counter-notice, however, and they are in fact infringing copyrights, they have then perjured themselves in a legal document, showed willful intent to infringe copyrights and will get completely destroyed in court.

Chris

 

[Hoj]

GREAT!! bit of info Chris..