Re: Advice Needed

Helen wrote:
I noticed a pic of mine is being used for advertising purposes. It
was a pic I submitted for a SI Mandate. At the time I was using my
old broken down monitor, and as a result the exposure is horrible, but
it still hasn't stopped a company from using it.
What should I do?

http://www.ehow.com/how_4599856_these-harsh-economic-times-music.html

Thanks in advance.

ehow.com is registered to a Bellevue, WA 98007 US, address and hosted in Massachusetts by a Canadian company.

That puts it squarly in the jurisdiction of the Digital Millennium Copyright Act DMCA. and exposes Tucows (the mothership) to a case in Canada too.

Quaint set of circumstances here. The US copyright act requires that you register copyright within a year of taking the photo or you can't claim fiscal damages from someone who uses it without your permission... This clause doesn't apply to residents or other countries. Helen is a Canadian resident, I'm told.

The potential for a settlement is high. Start by pointing out what I just did and ask for settlement as the photo is being used improperly and without your permission.

If they pull it and tell you to get stuffed, speak to a lawyer. I can recommend a very well placed New York firm who specialise in this are if you want.


--

I'm coming back as a Pelican...
Watch out because I'm staying the worlds biggest ass-hole!
.

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