I am being sued for my own images - help needed

That would depend on how serious it is.

 

Are they really yours? If yes, you can send the guy somewhere far, but not before you make sure you've got the original pictures on the camera or at least the timestamps of their upload to the site (if any). Or you could check Google cache or Web Time Machine to see whose site had the pictures first... Then send him all the proof, if he doesn't comply, send them to his hosting company, they should take them down.

 

If you have deleted the images from camera / flash card, you can try recovery software. I have been able to recover EVERYTHING from a flash card that I used on a camera, including a couple videos and all images.

I would also save the notice he sent you. This seems almost like extortion or something, trying to force you will false claims into paying him for property he owns no rights to. I would send another email telling him to remove it, and I would still persue it. Atleast you can make a couple from him and teach him a lesson.

 

Can we get a name and shame to start with?

 

sreenatapppp, keep us updated on your progress.

xxkillswitch, what recovery software do you recommend?

 

Sue his ass back to the stone age. The pictures will have a unique code that corresponds to your camera. This clearly identifies you as the owner and you have legal recourse.

 

Thank you all for your suggestions. thanks for your support in these seemingly hard times.

That guy has actually removed those pics from his blog. I think that notice sent to me is just to make me frustrated. or he must we watching this thread and must have seen all your comments which would have frightened him . anyway the problem is solved for me.

I have a few questions if someone in this thread can help me understand.

1.Now that he has removed the pics from his blog, can i still go ahead and sue him.
2.what if he claims that he cannot pay/will not pay? all that he looses would be his blog. am i right?
3.in my case the images were taken long back. and I do not have that camera now. so is there no way that i can prove that those are mine.

 

1.Now that he has removed the pics from his blog, can i still go ahead and sue him.
You would need some type of proof showing that he was using you images and that he gained something by using your images.

2.what if he claims that he cannot pay/will not pay? all that he looses would be his blog. am i right?
He would have to pay up. If he doesn't have the money then his wages will garnished and you will be paid over time.

3.in my case the images were taken long back. and I do not have that camera now. so is there no way that i can prove that those are mine.
Do you have the original images on your computer or on some type of storage? I would say that is your only chance of proving that the images are truly yours.

 

I'm all for copyright enforcement, but pursuing such a matter would be pointless. A waste of your time and money. Has there been damage to your reputation? What is that worth?

How many people actually saw the images? Has it impacted on your profitability?

To get a final judgement you must pursue the matter relentlessly all the way. You won't get a snap judgement. You may be right, but there is a process in which to prove that. And it is costly.

You could seek an undertaking, where he signs a statement saying that he won't do it again. Which can then be used to support your case if he does do it again.

If I were in the same position I'd email the guy and say that you've noticed that the images have been removed, and that it is appreciated. And that you'll pretend that he never sent that ridiculous email with the unbelievable demands. Keep the correspondence civil. In case you ever need to rely on it being used in court.

 

I agree with you he should probably just move on but the fact that the a**hole sent him a letter threatening to sue... we should find a way to make him sweat a little before he's off the hook He deserves the anguish.

 

I would not sue him unless he is a large company PROFITING from your images. A DMCA Letter should do. You may spend more money in Legal Fees then you get out of it

 

yes try and sue him

 

Always shoot in raw and have your camera settings imprint the copyright data and date. No contest.

 

Sounds like a real joker, trying to sue you for something he doesn't own in the first place. But since he already removed the photos, I don't see any reason for you to pursue the matter further.

 

I think you should let that poor soul alone. Don't wast money sue someone unknown. Why those people don't make their own pictures...! At least... it's legal. =D

 

Sounds as if it is pretty much sorted out. But I can see how annoying this would be - just very odd that he would come back and say he was going to sue you??

 

He's not a poor soul. He's an a**hole.

"odd" is putting it mildly. Can you imagine the level of dishonesty? If it happened to me, I would seek vengeance. But I'm easily irritated on matters of copyright

 

if you have the disc, send him a letter telling him "see you in court..." He stands NO chance! Someone tried this with me and I ended up with a counter cliam for $42,750 and I won! They thought they couldn't be stopped because they were in Asia - I was the wrong person to pi** with.

 

lol... well just to punish his act do it.

 

If I was a lawyer, I would have seriously fought for you and like someone said, rubbed his face on his faeces.
You should try to explore legal options to sue the hell out of him. Such nerve..

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