Legal Question in Intellectual Property in Texas

I contracted a photorapher to shoot my fashion portfolio. The stylist I hired obtained the photographs and is using them on her website even after I sent her a letter of non consent. The photographer copyrighted all images and has sent her letters of non consent as well. How can I have my images removed from her website without hiring an attorney? Neither I nor the photographer have the funds to resolve this in court. Would a DMCA take down request be an option?


Asked on 4/14/11, 12:08 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Yes. Recognize that if the stylist files a counterargument to your notice, you must file suit or OCILLA requires the website host to put back up the material they took down due to your notice. Here is a website describing how to file a take down notice.

http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php

Here is how Wikipedia explains it (you can verify by searching OCILLA on Wikipedia):

Take down and Put Back provisions

Takedown example

Here's an example of how the takedown procedures would work:

Alice puts a copy of Bob's song on her AOL-hosted website.

Bob, searching the Internet, finds Alice's copy.

Charlie, Bob's lawyer, sends a letter to AOL's designated agent (registered with the Copyright Office

) including:

contact information

the name of the song that was copied

the address of the copied song

a statement that he has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

a statement that the information in the notification is accurate

a statement that, under penalty of perjury, Charlie is authorized to act for the copyright holder

his signature

AOL takes the song down.

AOL tells Alice that they have taken the song down.

Alice now has the option of sending a counter-notice to AOL, if she feels the song was taken down unfairly. The notice includes

contact information

identification of the removed song

a statement under penalty of perjury that Alice has a good faith belief the material was mistakenly taken down

a statement consenting to the jurisdiction of Alice's local US Federal District Court, or, if outside the US, to a US Federal District Court in any jurisdiction in which AOL is found.

her signature

If Alice does file a valid counter-notice, AOL notifies Bob, then waits 10-14 business days for a lawsuit to be filed by Bob.

If Bob does not file a lawsuit, then AOL must put the material back up.

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Answered on 4/15/11, 11:39 am


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