Use Of My Image Copied From Faa

If you search here in the forum for "DMCA", you should find several examples of verbiage you can use for takedown notices, that is, IF you want them to take it down. If you're okay with them using it with proper credit, send the blogger/site owner a message via their contact link or email, whatever they've posted.

It's your art, and you get to decide how it gets used and by whom, and whether or not you allow its use for free or ask them for payment for the usage.

Hi Marlena,

Use this information:

https://fineartamerica.com/showmessages.php?messageid=6728410

This is where the watermark doesn't really work. As said you can have it removed with a dmca. On the plus side they did give a link back. But links don't pay the bills and if they really needed images in there, they should be paying.

A lot of people take work that doesn't belong to them. They think they are in the clear by making a link back or justify it to themselves as if it helps you in some way.


----Mike Savad

Marlena,

Neat image!

I can see why someone would steal it!

Try and start a conversation with this web designer about payment. The minimum should be $100 and depending on who is using the web page, could be higher. The alternative is to demand that the image is removed at once. The "web designer" if really one, DOES KNOW ABOUT COPYRIGHT and did this on purpose, probably charged the client for use of or the "creation" of this image of yours.

If an honest web designer, then he should pay the usage AND give you a photo credit, especially if this is for an established business....

Rich

p.s. if the person that took this had asked FIRST, then maybe $50, depending on who the ultimate client is....but they need to pay a fine for stealing....

I have had it happen on this level. Quite a few times over the past 25 years. Sometimes I just contacted them and got compensated. Sometimes I asked them nicely ang got a lot of pushback. Sometimes I sent a DMCA. In all cases it was resolved. The one that irked me the most was the guy that sold Christmas cards with a photo I took. He did it every year and claimed he bought the rights. As it was for a cause I would have let him use the image if he gave me credit. But he wanted to be a bunghole about it. Eventually he took down the image from his site, but not before it was used by other organizations including a company RE magazine and even Wikipedia. I am a bad guy because I called out a not for profit and all I wanted was credit, which I never got.

He doesn't deserve the title of a web page builder. But in these days of lax enforcement some don't even know they are doing something wrong. Let them know nicely. As far as the value, my minimum is far more than $100. Sure I will discount for some, but how is that fair to the ones that asked first and happily paid $ 1,000?

Thank you all for your helpful responses. I contacted the web builder. He said he only updated the header on the webpage and did no updating to the body of the webpage. I told him my thoughts about my art being used on the webpage. He said he totally agreed with me and gave me the information to get in touch with the owner of the website. He said the owner is a nice guy and would do whatever I asked as far as taking down the image. I will contact him. My guess is, some office helper inserted my art without knowing. But, I will ask him if he did it first. I noticed at the bottom of his webpage it says, "all rights reserved"! LOL I will listen to what he has to say. But, I will say to him that he should request permission to use someone else's art, whether he asks or an assistant asks. I will also tell him that I want to be the one to decide where my art gets posted. I may not like the website and what it represents. Again, thank you all for your experience and thoughts on this topic. Respectfully, Marlena

I think they knew what they were doing. And you were talking to the creator of the page. Its easy to shift blame to an imaginary person.

I'd take a screen grab now just in case you need it later.


----Mike Savad

Yes, I recently found one of mine on a facebook page for a yoga class business. I contacted the page owner offering her to purchase a license or take it down. She took it down but not without a disparaging remark making me sound like I was being stingy. LOL

Marlena, they need to pay you, it is that simple, a religious site and it steals images..... wth

Shelli, thieves have nerve, how horrible

Any thought ever been given that upon opening the Fine Art site a notice that Fine Art supports their artists and their unique talent and is reminding the public that all images are protected under copyrite laws and cannot be used or reproduced in any way without contacting the artist who is on this site to sell their work. Before they continue that they understand and agree to these terms in a check box. Maybe that would encourage more sales with over 47000 views since 2019 i have had less than 10 sales total.
Just an idea would have to be written in the proper legal jargon but it would educate and remind the public in a very respectful and nice way. It might deter some and don't know how it could hurt....
Professionals may know this but not sure all public viewers do and would subtley put them on notice.
Sorry if my idea is completely out of line just a thought!

It would be nice to get paid for the use of my art. I will call the owner tomorrow and request payment, or demand they take it down. I appreciate the support. Thanks again, everyone!

Maureen Rose, I like your idea. I have seen some artists on FAA write their own disclaimers in the image description saying, "All rights reserved". I don't know if that would change anyone's mind to rip off your image only to scare them off to someone else's image to rip off. I bet for every artist FAA loses because of being ripped off they get two new ones. Thanks for your comment.

Thank you and hope you are successful in getting paid for your work.

We love to share our gifts but hope we can earn some money for our efforts and our unique talents!

You can request a takedown, but if your work isn't registered with the US Copyright Office then the damages are pretty much none. To get someone to pay, you have to sue them in federal court and you have to prove damages, which is almost impossible to figure.

But if you register your work with the US Copyright Office before you publish it, or within 90 days of publishing it, there is a statutory minimum $750 damages plus court and attorney's fees. Hit them with that and any lawyer they consult with will tell them to pay it and consider themselves lucky.

You can also register your images with services such as CopyTrack or Pixsy. They'll do the demand letters and split the money with you when they collect. They both have good and bad reviews, so take that advice for what it's worth, but they're better than nothing if you don't intend to hire your own lawyer each time this happens.

There are two YouTube videos you should watch. One is by FStoppers published on Jan 22, 2018, and one is by Garey Gomez published on Mar 31, 2020. Watch both of those videos twice to completely understand the process.

Please use this thread for all copyright concerns around other sites. Read the top thread thoroughly

https://fineartamerica.com/showmessages.php?messageid=6728410

Thank you


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Abbie Shores
General Manager - Fine Art America | Pixels.com