Picture - suing

[pcslookout]

Can I sue someone for using my picture ? Yes it is a picture I took.

 

[Soundmanred]

You forgot you already did.
http://forums.anandtech.com/showpost.php?p=35205029&postcount=17

 

[pcslookout]

You forgot you already did.
http://forums.anandtech.com/showpost.php?p=35205029&postcount=17

Yep same one. Asking for advice.

 

[Soundmanred]

You're not doing anything (as usual).
Stop wasting our time with your pathological BS.

 

[Azraele]

I didn't see the original thread. Is it copyrighted?

 

[pcslookout]

I didn't see the original thread. Is it copyrighted?

Yes.

 

[Azraele]

And where was it taken from?

 

[pcslookout]

My camera.

 

[Newbian]

Did you share it at various sites like facebook with public settings as that gives people permission then?

 

[Azraele]

Did you share it at various sites like facebook with public settings as that gives people permission then?

This is what I meant when i asked where it was used from.

 

[pcslookout]

This is what I meant when i asked where it was used from.

No.


It was a picture of me.

 

[edro]

You probably owe them money if it was a picture of you.

 

[Azraele]

Well how did someone get a hold of it if it wasn't shared through social media?

 

[pcslookout]

Well how did someone get a hold of it if it wasn't shared through social media?

I posted it to my free online cloud storage and someone hacked my account.

 

[Newbian]

I posted it to my free online cloud storage and someone hacked my account.

More likely the "free cloud storage" sold the photo to keep being free.

 

[Soundmanred]

Anyone that believes this is getting trolled like the "I need a programmer to help me fix Firefox" thread.
LOL

 

[Azraele]

http://lorelle.wordpress.com/2006/04/10/what-do-you-do-when-someone-steals-your-content/

You might find this website useful. Barring that, since you say it's copyrighted, contact wherever you registered it and see if they can point you in the right direction/answer your questions.

 

[Texashiker]

Can I sue someone for using my picture ? Yes it is a picture I took.

Send the website a DMCA takedown notice.

If the website ignores the notice, send another one certified mail.

If the website ignores the second notice, contact an attorney who specializes in copyright law and have the attorney send the website a DMCA takedown notice.

 

[BUTCH1]

Found it! a Google image turned you up!

 

[ch33zw1z]

Cloud Storage? check.
Free? check.

404, privacy not found.

 

[Paladin3]

I know we're being trolled, but if you want a serious response I'll give it a go.

It all depends on how the image was used. A few points to consider...

All works are automatically copyrighted at the time they are created. That copyright does not need to be officially registered for you to enjoy copyright protection. You made it, you own it, baring the presence of a contract (such as employment) stating you are creating said work for another party.

Many of the sharing sights, free cloud storage sites, photo contests, etc, have terms of use that you have to agree to in order to use their service. It's common for them to insert clauses that give them usage rights to the image. They can even be very comprehensive usage rights in some cases.

That said, the simple act of publishing a work, on the Internet or otherwise, does not automatically make it public domain or free for anyone to take and use anyway they would like. There is what is known as "fair use" which usually extends to stuff like editorial use, satire, educational use, using portions of a work for commentary and such.

So the short answer is yes you can sue. All you need is a lawyer nutty enough to take the case or the ability to file the suit yourself. Will you win vast sums of money? Probably not.

It all depends on how and where the image was used. So give us the specifics or STOP TROLLING!

 

[Red Squirrel]

Cloud Storage? check.
Free? check.

404, privacy not found.

This. The minute you store data on a megacorporation's server, they own the data. It's probably in the fine print somewhere. They make those EULAs long and boring for a reason. They don't actually want people to read them, but they still stand in court.

As an individual, if you don't want a picture or any media used by someone else, then make sure it does not end up on the internet. Even if it was on your own server, if someone takes it, not much you can do as an individual.