Friday, May 7, 2010

Copyright Infringement Claim (Mine!)

Okay.

So apparently, some idiot is using one of my images and releasing it under his name under an "all rights reserved" license. What this means is that you reserve all rights to a specific content, and it's something you do when it is your creation, your work, and that in order to use, print, distribute--whatever--you must ask the holder of this license before you do so.

It's a picture I made about 4 years ago in commemoration of the September 11 attacks, which was this image:
It was one of the works created when I was beginning to get acquainted with Photoshop. So what am I going to do? File a copyright infringement claim, of course. Clearly my watermark is stamped on the bottom left of the digitally photomanipulated work (see enlarged size), and of course, I'm a bit angry with the fact that he uploaded it under the "all rights reserved" copyright. I would have been fine if he credited and linked me--well, maybe--but releasing saying it's yours? No way in hell.

If I took your homework and and wrote my name on it and turned it in, how would you feel? (LOL)

So here's my claim that I sent to Yahoo!, which runs the popular online photo sharing site, Flickr.
Good morning,

Thank you for your assistance. Below is an updated notice with the
requirements needed to further process this claim.
----------

This notice serves as legitimate claim that I, under penalty of the perjury in the State of California and the United States of America, believe my work was violated here (http://www.flickr.com/photos/coffin911/2172917610/) by the user Coffin911 who took the original image from deviantArt (http://atsuke.deviantart.com/art/September-11-2001-Memorial-38843552) under my online name and reuploaded it under an "All Rights Reserved" license, and therefore is unauthorized to do so without my permission that was never given.

A valid address and telephone number where I may be contacted is as follows:
***** *****
San Jose, CA 95***
(***) ***-****

Here is a link to my deviantArt page: http://atsuke.deviantart.com/, holding the *exact* image that is **timestamped August 29, 2006** found in the gallery that might assist you in your investigation. The image itself also contains a copyright watermark on the lower left corner. Furthermore, a journal entry has been submitted on that deviantArt userpage regarding this matter to prove that I am the legitimate person of that account.

I have good faith belief that the use of the unauthorized, copyrighted material just described on Flickr is in violation of the original copyright held by me, and of copyright laws of the United States. This request is for Yahoo! to disable or take down the unauthorized image on Flickr as I intend it to be viewable only on deviantArt at this time.

I would also like to ask that, should Yahoo! contact me through phone, to call only after the hours of 15:00 from Monday to Friday. Please leave a voicemail if I do not pick up, and I will guarantee that your message will be heard and called back. I however prefer the method of email as it is convenient.

Thank you for your cooperation!
[electronic signature]

(The above signature will, for this specific email message, serve as a valid electronic signature equal to that of a handwritten signature. I certify that I am the person making this claim and that all information in this notice is accurate under penalty of perjury.)
We'll see how it goes over the next few days. :|

B**ch.


Update (19:11): I won the case. :) They finally disabled the image. [see here] Below is their response.

Hello,
Thank you for reporting this incident to Yahoo!. We have taken the
appropriate action.

Please let us know if we can be of further assistance.


Regards,


Copyright/IP Agent, Yahoo! Inc.

Harharhar.

1 comment:

  1. Woah. Nice. Your picture was good enough that someone wanted to steal it. That's worth something at least, right? I wish you all luck regarding winning this suit. (: Go stick it to the man, Jimmy~! woot

    ReplyDelete