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  1. #1
    Join Date
    Feb 2009
    Posts
    19

    Angry DMCA Violation

    A very "incriminating" photo of me some how ended up on a website dedicated to e-drama. It is a wiki site of sorts. I emailed the abuse team with a DMCA notice, I found it on the internet and edited to fit my needs. They agreed to remove the image, and did so. I randomly decided to look at this site the other day and again found this photo of me. What do I do?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Dmca

    I would first suggest you stay out of the corners of the Intarbuttz that leave one susceptible to being posted up at Encyclopaedia Dramatica and such.

    With respect to the photo, unless you are the creator of the photo (and thus the owner of the copyright), there's little to be done.

    The DMCA is meant to enforce one's copyright, not mitigate one's embarrassment/frustration/anger at getting caught up in someone else's pursuit of the lulz. If you are friendly with the person who created the photo to begin with, you might ask them to file a takedown notice. Should the copyright holder fail to file a lawsuit within 14 days after, however, they may put the photo back up.

  3. #3
    Join Date
    Feb 2009
    Posts
    19

    Default Re: Dmca

    Quote Quoting LawResearcherMissy
    View Post
    I would first suggest you stay out of the corners of the Intarbuttz that leave one susceptible to being posted up at Encyclopaedia Dramatica and such.

    With respect to the photo, unless you are the creator of the photo (and thus the owner of the copyright), there's little to be done.

    The DMCA is meant to enforce one's copyright, not mitigate one's embarrassment/frustration/anger at getting caught up in someone else's pursuit of the lulz. If you are friendly with the person who created the photo to begin with, you might ask them to file a takedown notice. Should the copyright holder fail to file a lawsuit within 14 days after, however, they may put the photo back up.
    I did in face take the photo myself by holding it upwards! I wrote a dmca notice and was told it would be removed and now it has resurfaced!

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Dmca

    Then re-file the DMCA notice.

    Keep in mind, however, that if you do not sue to keep the image down, the person who keeps putting it back will continue to do so.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Dmca

    I had this happen with a major social site - somebody repeatedly used a photograph I owned to try to embarrass a family member. I had to refile a take-down notice with each violation - it was not reasonable with that service to expect that they would be able to actively police images, or recognize when somebody had put an image back up after they took it down.

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