Hundreds of pics used illegal

Hi everyone,

I need some help. It was recently brought to my attention a Romanian website that has stolen hundreds of my fish photo's to assist with sales in their aquarium fish business. Basically, about 90% of the fish and invertebrate image on their website have been stolen from my Marine Species database that I set up to help people with ID's: www.speciesspotlight.com

This is the offending website: http://www.acvariidevis.ro/pagina/despre-noi

Not only are they using my images, they have actually watermarked their website details onto each of my pics!!! This has really p1ssed me off.

Some examples can be seen here:

http://www.acvariidevis.ro/pesti/serranida.../potato-cod/269

http://www.acvariidevis.ro/pesti/serranida...land-groper/295

http://www.acvariidevis.ro/pesti/gobiidae/...finned-goby/173

The good people on Diveoz.com.au have given me some good advice so far however now I'm stuck. I've sent several emails to the company (office@acvariidevis.ro) and they won't reply. I emailed the company's ISP (http://www.itcnet.ro/) and sent them a 'DMCA Takedown Message' but they also won't reply.

Anyone on wetpixel able to offer any more suggestions? Anyone on wetpixel live in Romania and own a baseball bat?

thanks,

Dave

email sent to your personal site

I finally got a reply from the ISP:

-----------------------------------

Dear Mr. Harasti,

As I mentioned yesterday, I contacted the administrator of the web site - acvariidevis.ro- and I forwarded your messages. The administrator of the web page said he would contact you in this regard. We are merely hosting the web site and this is why we can not remove the contents unless we have a request from our client or a court decision.

I am confident that you will reach an understanding with the owner of the web site.

Yours truly,

Tudor Edu

ITC

tel. 0040-21-2320970

fax 0040-21-2320468

------------------------------------------

Still haven't heard anything from the aquarium website...

Dave

Just write them to say that if they are hosting stolen images, then they are liable and will be included in the . Probably not true in Romanian law but it's worth the bluff.

I would save a copy of every page that has your pics on it for possible proof cos I think those guys will just pull them down now.

If the hosting server is outside the USA then the DMCA process doesn't apply, and I haven't been able to find a similar provision to the DMCA takedown process in any other country. Thank god most domains are hosted in the USA.

Cases like this get really tricky with domain extensions starting with r (gross generalisation but you know what I mean). I would email both the host and the uploader telling them they are both liable and threatening legal action. You never know, it might work. As it's a serious case you might even consider contacting a Romanian lawyer about it. A letter from a Romanian lawyer might do the trick and be worth your peace of mind. If Romanian law allows for damages per infingement, they might even act for you on a contingency basis. Unlikely but worth asking.

Hi everyone,

 

I need some help. It was recently brought to my attention a Romanian website that has stolen hundreds of my fish photo's to assist with sales in their aquarium fish business. Basically, about 90% of the fish and invertebrate image on their website have been stolen from my Marine Species database that I set up to help people with ID's: www.speciesspotlight.com\

thanks,

Dave

Amazing, that someone could so dishonest. I mean, not just an image or two! Good luck!

Hi everyone,

 

I need some help. It was recently brought to my attention a Romanian website that has stolen hundreds of my fish photo's to assist with sales in their aquarium fish business. Basically, about 90% of the fish and invertebrate image on their website have been stolen from my Marine Species database that I set up to help people with ID's: www.speciesspotlight.com

 

This is the offending website: http://www.acvariidevis.ro/pagina/despre-noi

 

Not only are they using my images, they have actually watermarked their website details onto each of my pics!!! This has really p1ssed me off.

 

Some examples can be seen here:

http://www.acvariidevis.ro/pesti/serranida.../potato-cod/269

 

http://www.acvariidevis.ro/pesti/serranida...land-groper/295

 

http://www.acvariidevis.ro/pesti/gobiidae/...finned-goby/173

 

The good people on Diveoz.com.au have given me some good advice so far however now I'm stuck. I've sent several emails to the company (office@acvariidevis.ro) and they won't reply. I emailed the company's ISP (http://www.itcnet.ro/) and sent them a 'DMCA Takedown Message' but they also won't reply.

 

Anyone on wetpixel able to offer any more suggestions? Anyone on wetpixel live in Romania and own a baseball bat?

 

thanks,

Dave

Romania is now part of the EEC an therfore the Copyright of the media shoud be protected by their law.

But romania is also a new country and quite messed up, i think that the best would be to star with a romania lawyer and ask for the right payment or the removal of the pictures.

Dave, Have you emailed both email addresses on the hosting company that can be seen on this page?: http://whois.domaintools.com/193.231.172.28

You should take out specific "DMCA" references in the email because it's not in the USA, and word it simply. They might not speak good English. I would also actually telephone the hosting company before going as far as hiring a lawyer in Romania.

Another possible route you have is to send DMCA notices to Google and Microsoft, which might scare them into taking your pictures off. Read this page:

http://www.plagiarismtoday.com/stopping-in...all-else-fails/

and this page:

http://www.google.com/dmca.html

http://www.microsoft.com/info/cpyrtInfrg.htm

Some other leads here:

http://en.wikipedia.org/wiki/Intellectual_...erty_in_Romania

http://www.legi-internet.ro/en/copyright.htm

Dave, there is some wording on this takedown notice that refers to European Union copyright legislation:

http://www.chillingeffects.org/dmca512c/no...?NoticeID=26714

Don't force them to take the images down.....they appreciate your work so I would go after two things;

1. Retrospective license to cover the infringement

2. License to use your work on a yearly basis

The value for 1. would be higher than 3. Add 25% for failing to acquire a legitimate license and a further 25% for failing to identify you as the copyright owner.

And remember, its only business..... don't get angry. I know its hard, but a clear head often equals more money.

I'm not sure where you are based, but if you want the contact details of a no-win no-fee IP lawyer (who takes the view that damages can be recovered worldwide) then PM me (or use the contact page at www.simonbrownimages.com).

Decosnapper