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mymindseye
14 Apr 2013 - 2:46 PM

I would like anybody's views about this...while looking and searching the internet I discovered on of my images being used and offered for download as a free wallpaper. Here

http://www.scenicreflections.com/media/363563/White_Cliffs_of_Yorkshire_Wallpape...

this is the same as this on my internet site.. http://www.mymindseyephotos.com/white-cliffs-of-yorkshire

the image is copyright.

I am not very happy about this...any advise?

thanks,
Alan

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14 Apr 2013 - 2:46 PM

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mymindseye
14 Apr 2013 - 3:20 PM

They must have picked it up from my Flickr page...
I don't think it's right that they advertise it as free wallpaper though!!

Thanks,
Alan

Gundog
Gundog  1624 forum posts Scotland
14 Apr 2013 - 3:20 PM

They actually tell you what to do:


Quote: DMCA Notice

ScenicReflections.com is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the ScenicReflections.com website and you did not authorize the use of the content you must notify Scenic Reflections in writing in order for us to identify the allegedly infringing content and take action.

In order to more easily facilitate the process we have provided a form for your use. We will be unable to take any action if you do not provide us with the required information so please fill out all fields accurately and completely. Alternatively you may make a written notice via email, facsimile or postal mail to the DMCA AGENT as listed below. Your written notice must include the following:

A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.

Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.

Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit Scenic Reflections to locate the material. You should include the specific URL or URLs of the webpages where the allegedly infringing material is located.

Information reasonably sufficient to allow Scenic Reflections to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.

A statement that the complaining party 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, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notice should be sent to our designated agent as follows:

DMCA AGENT
Name: Paul Diemer

ade_mcfade
ade_mcfade  1014554 forum posts England216 Constructive Critique Points
14 Apr 2013 - 3:22 PM

and people say don't watermark your photos....

mymindseye
14 Apr 2013 - 3:30 PM

Thanks for that Gundog,
I have now found it on there site.
I will follow this up!

Cheers,
Alan

GlennH
GlennH e2 Member 81822 forum postsGlennH vcard France1 Constructive Critique Points
14 Apr 2013 - 3:32 PM

Most countries subscribe to international copyright laws, so you can politely issue them what's known as a 'take down notice', with just a subtle hint of menace. Take screenshots of the infringement.

Following through on any threat might be more problematic - then you're lumbered with the impunity of local law (American law seems stronger, despite skullduggery such as this).

In the UK you can try out the small claims track in the Patents County Court - either as a means of being paid the going rate or trying to encourage freeloaders to remove your photos.

whipspeed
whipspeed e2 Member 94035 forum postswhipspeed vcard United Kingdom22 Constructive Critique Points
14 Apr 2013 - 3:33 PM

Also be aware that both WOT and Malwarebytes don't like that original site.

Andy_Cundell
14 Apr 2013 - 3:42 PM

Let us know how you get on!

Bravdo
Bravdo e2 Member 6Bravdo vcard United Kingdom2 Constructive Critique Points
14 Apr 2013 - 3:46 PM

An interesting topic and would like to know the outcome. I'm with Ade on this one.

Barry

Last Modified By Bravdo at 14 Apr 2013 - 3:46 PM
Brian_Scott
Brian_Scott e2 Member 442 forum postsBrian_Scott vcard United Kingdom27 Constructive Critique Points
14 Apr 2013 - 3:51 PM

I had the same problem with wallpaper sites using some of my images, this one in particular My Owl Image

mymindseye
14 Apr 2013 - 3:54 PM

Hi Brian,
The link goes to google search! Thanks for the feedback, did you sort the issue out with the sites?

Cheers
Alan

shagnasty
shagnasty  7
14 Apr 2013 - 3:56 PM

Alan,

I have just picked up a copy of your image from your Flicker page.
An examination of the EXIF data reveals that there is no copyright information recorded.

I don't know if this is a result of Flicker stripping the data, or whether it was an erroneous step in your processing.

Re-examining your other images for EXIF data including copyright might be worthwhile.

Otherwise, as Ade McFade mentions watermarking your photographs then becomes an important and relevant consideration.

Pat

mymindseye
14 Apr 2013 - 3:57 PM

Thanks Pat,
Il take a look....

Brian_Scott
Brian_Scott e2 Member 442 forum postsBrian_Scott vcard United Kingdom27 Constructive Critique Points
14 Apr 2013 - 4:15 PM

Hi Alan, Orginally i had about 10+ pages of different wallpaper sites using the same image of mine, i contacted alot of them and they removed it straight away, there was just so many sites using my images that it was impossible to contact them all, some are easy to contact others not in english can sometimes be a bit harder as some dont even give you a contact page. But im sure if you just contacted the said website telling them its your image they will remove it without hesitation. I was told by a few of them that they had bought a batch of images to use as wallpapers and some of mone happened to be in them Sad

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