I’m answering questions about Internet Law for the next hour or so at Lifehacker. Fire away!
Filed under: Blogging, Copyright, Court Decisions, Digital Media, Internet & Society, Media, Music, Peer Production, RIAA, Social Networking
Is there a way for a photographer to stop the endless ,reuse of their photographs without permission? or in CC without attribution?
Thank You for taking my question
Sending DMCA takedown notices helps – most legit sites respond to them. But, for sites hosted outside the US, or for sketchier ones, it’s extremely difficult, unfortunately.
Will: well, the consumer would have a breach of contract claim, but damages are probably zilch. The FTC could go after the site under its Section 5 powers, and state attorneys general could do so under various unfair competition laws. Jane would be a better person to answer the tort questions, but my sense is that proving both harm and causation would be very difficult, and I don’t know of any successful suits along these lines. Consumers usually try some sort of ECPA / state wiretapping law claims as well, to no avail. I suppose my pessimistic answer is that there is no real recourse for consumers as individuals, unless they can get some regulator to take notice.
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