Hello members i have 1 adult site relating to actress fake hosted on blogger. 1 site regularly copy my fakes and puts his site watermark and publish them. I already contacted him to stop this but he continues to do so. what can i do in this matter.can i claim copyright to remove my content or if i claim i will be in problem as its illegal.
So you take photos you do not own copyright to, actress and nude, and then make your own new fake photo right? Someone is copying your new fake image and you want to claim a copyright on it? I assume you want to send a DMCA to his host. You could try, in theory claiming a derivative copyright to the fake, but it is a pretty weak claim. If you are doing it just to file a DMCA takedown notice, then I would assume he would file a counter notice, but it might work. The reality is that neither of you probably have any right to use the underlying images and are probably both guilty of infringing on the original photos.
i dont want to claim copyright on images but want to claim on my work done as it takes lot of time to create perfect fakes and someone reusing my creation. is there any law for that?
Well, yes, but only if you have the right to use the materials that make up the fake. So if you had licensed the underlying photos you could easily claim a copyright on your new work. It seems you want to claim the resulting image is protected and you can only do that by including the underlying photos which you do not have rights to use. Legally, you don't have much of a leg to stand on. Usually, you can't just take a photo you don't own and claim the rights to your new work ... even if you did work changing it or editing it. There was recently a big case about this issue dealing with an Obama poster. The artist made a poster but used as his base an AP photo. AP sued him and said he took their work. The parties ended up settling... http://en.wikipedia.org/wiki/Barack_Obama_"Hope"_poster In that case, the artwork is a big transformation from the photo and in your case you make no change to the photo other than putting a new head on it. You would be unlikely to win any actual lawsuit trying to defend your creation if you were sued by the owners of the photos or by the subject of the photos. If you are just trying to bluff the other guy with a DMCA notice to his host, it might work. As far as you stand legally, you really don't have much right to stop him. He has no right to use the images either. So, the upshot is that you could probably justifiably file a DMCA notice claiming a copyright in the work*. If he takes it down, great. If he files a counter notice, you do not have much left to do, not that you would sue him anyway. * This is a fine line. Because you are claiming only the creation of the fake, but not the underlying materials. I am not sure I would want to file a document under oath saying that I owned the copyright to the fake photo which contain images you do not really own the right to use. That is something you can chose to do, but I am pretty cautious when it comes to signing documents of that nature.
browntwn i won today i got mail from blogger team like this Thanks for reaching out to us. In accordance with the DMCA, we have completed processing your infringement complaint and the content in question no longer appears on the following URL(s)
Good. Now hopefully he does not file a counter notice or they will be required to put the content back.