In light of all the problems people are having with other sites taking our fractals and using them as they see fit...i have put together some information...
The best advice in this post is: If you need legal counsel, then seek it. Don't get it from the internet or this post. Hire professionals who do it for a living, and for the love of god, don't defend yourself in court.
you all know i am not very technical so this is gonna be pretty rough at best but this is what i do if i find my art somewhere i don't want it.......
the first thing i do is contact the person displaying it and advise them all my images are copyright protected and please remove it....
then i wait a few days...
if the image is still there then i send the site an email with this form.....keeping things professional at this point is a must...and just sending an email asking them to remove the image will not work......here is the form i use
Subject: Notice of Copyright Infringement
The copyrighted work at issue is the text that appears on: LINK TO YOUR ORIGINAL CONTENT
The URLs where our copyrighted material is located include: LINK TO INFRINGEMENT
You can reach me at YOUR EMAIL for further information or clarification. My phone number is CONTACT NUMBER and my mailing address is YOUR NAME YOUR ADDRESS
The email address of the website owner, who has reprinted our content illegally, is: WEBSITE OWNER EMAIL.
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I've made numerous good faith attempts at contacting the owner about the infringing content before sending this DMCA Notice.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Signed, YOUR NAME
then i wait a few days.......if the image is still displayed i go to whois and check to see who the web site host is.....
i then send that company this email and form
My name is INSERT NAME and I am the INSERT TITLE of INSERT COMPANY NAME. A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by my company.
An article was copied onto your servers without permission. The original ARTICLE/PHOTO, to which we own the exclusive copyrights, can be found at:
PROVIDE WEBSITE URL
The unauthorized and infringing copy can be found at:
PROVIDE WEBSITE URL
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Address City, State Zip Phone E-mail
i have never had to take any other steps than these......
there are a few things you can do when you post an image to dA.....you can make the image small...you can disable the sharing buttons....and you can watermark your image....
there is also a service called myfreecopyright.com that is free and easy to use that provides a little added protection.....
if you have any questions or concerns please let me know...
while all this information is true as far as it goes, there actually is NO violation of copyright involved when the work is "inline linked" from deviantArt to the offending site.
Perfect 10 Inc Vs. Amazon.com Inc. in the ninth circuit court in the USA has determined that "inline linking" or "hot-linking" is NOT a violation of copyright. One cannot copyright a link.
Due to this, while often asking the offending site to stop linking your work will succeed, the site is actually under no obligation to grant the request, and may continue using your work as they wish. The Wiki article on "inline linking " states that the practice of linking without permission is "frowned upon" but all in all, there is really no legal action one can take.
Case in point: The Galactic Free Press, which has continued to display images from many dA artists, despite numerous complaints. The only method which seems to work with this site is to find each individual occurrence of your work and request that it be removed. The site has possibly hundreds and hundreds of pages, and the art can be on any of them, and as he adds new content (including newly linked images from dA) every day, the location of your art can change from day to day as well. The person who claims to be the coder of this site (and a dA member) and friend of the actual owner assured us all a day or two ago that the site would remove all linked art from dA that had not been given permission to use, but that has not happened, art from numerous dA members is still displayed on the site, and more new works have since been added, still without credits and very likely without permission of the artists. Each day new images are added, and while the claim is these images are simply linked, to his site, if one changes the image being linked, the image on his site does not change to reflect this. I do not know if this indicates that he is lying and is actually copying our work or not, as I am not entirely sure exactly how all aspects of "inline linking" operate.
The important thing I think you must understand is this, no amount of complaining or filing DCMA reports on this person will stop him. He has already received many complaints and yet he still adds new art from dA each day!
I would suggest that you avoid sending complaints to the owner directly and instead send all complaints straight to his hosting service "website-welcome" the address to use to send a complaint to this host can be found in my latest journal entry and I will be certain that it remains there as long as this issue continues.
Just to repeat, in all actuality, this website is NOT violating copyright law unless he can be shown to be copying our art and storing on it his own server or computer. If this really is a case of "inline linking" then the only real option is to be as annoying as possible to his hosting service (politely, as n8tiveattitude suggests) but simply continue complaining to that hosting service until they tire of it and ask him to remove his offensive website
Just pointing it out there for anyone reading this, even disabling the share/download functions doesn't guarantee that your material cannot be taken. There are dozens of alternative ways that someone can acquire a digital copy of your work even without the share/download functions. Unfortunately, anything that anyone puts online is free game to download for anyone with the right tools or know-how. If you do not wish to have this happen to your work, then the only piece of advice that I can give you is to simply not post anything online.
I've actually had my images taken and posted to wallpaper sites, so yes I have had this happen to me. Personally I wouldn't mind if it weren't for the fact that the offenders never asked me first and then claimed it to be their own. I've done everything that n8iveattitude suggests and so far it's been more than enough.