How can I en­force my rights?

Digital Photo (UK) - - NEXT STEPS -

Once you have found an in­fringe­ment of your rights, the first thing that you should do is to make screen­shots of the web­page us­ing your im­ages. This will be your ev­i­dence should the site’s owner choose to quickly re­move the of­fend­ing im­age fol­low­ing your ini­tial con­tact. It’s also worth de­cid­ing at this point what you want the out­come of your pur­suit to be as this will set the tone of your di­a­logue. If the im­age’s thief has placed it on a per­sonal site you are un­likely to achieve more than get­ting them to re­move it. If it’s a com­pany that’s us­ing it to ad­ver­tise or sell some­thing, your aim may be to ac­quire dam­ages.

Next, find con­tact de­tails for the page’s owner. This may be listed on the site it­self, while fur­ther de­tails in­clud­ing its in­ter­net ser­vice provider (ISP) can be found by us­ing ser­vices like www.whois.net.

If you just want the im­age re­moved, a DMCA (Dig­i­tal Mil­len­nium Copy­right Act) Take­down No­tice may be the best place to start. Once sent straight to the ISP of the vi­o­la­tor, this no­tice forces them to re­move the in­fringed con­tent from the site with­out any need to speak di­rectly to the do­main’s owner. An au­to­mat­i­cally gen­er­ated form can be cre­ated at www.whoishost­ingthis.com/re­sources/dmca for this pur­pose. While the DMCA was orig­i­nally in­tended for use in the United States, most UK ISPS will also abide by it.

If you want to pur­sue some­one for dam­ages, ex­am­ple let­ters for chas­ing this and fur­ther ad­vice can be found at www.epuk.org. Your email should list the in­fringe­ments that have taken place and re­quested dam­age pay­ment at a level deemed suit­able for the time taken to cre­ate the work, and what it would re­al­is­ti­cally have been li­censed for.

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