My photography is being used without my approval. Can I file a DMCA?
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I am a photographer, who takes photographs in exchange for either payment or credit. There is a blog on word press that contains 25+ of my photos under multiple posts that are NOT approved by me. My terms always require credit and are explained VERBALLY or through contract. I have attempted to contact the through text, and have been told that I do not own the contact, when in fact, I am the photographer. I have asked for credit over a period of 9+ months and this content has been posted over a period of 9+ months. I am fed up with the lack of credit, and the posts continue to be posted on word press as well as promoted through Instagram. This person is gaining a following, and the most recent post correlates with personal defamation towards myself, however I am not attempting to prove this, but this is why I am posting this.
I would like to know my options on how to go about this. ALSO, I own all of the RAW photos, and can prove this.
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I have attempted to contact the user through text and the reply was that I do not own the content, and that “they do” **** I have screenshots of this.
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I’ve read over that, and quite frankly I still don’t know if I’m able to pursue action. I do not want legal fees over this.
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Hi there,
As @staartmees mentioned, I would recommend touching base with your lawyer about this situation.
If you would like to formally report an instance of copyright infringement for material that you hold rights over, please follow the instructions at the link below to submit a DMCA notice identifying yourself as the copyright holder (or someone legally authorized to act on the behalf of the copyright holder):
You can use this support page as a guide:
Please note that you are required to give consideration to whether a use of the material is fair before submitting a takedown notification, as a result of the decision in Lenz v. Universal:
https://www.eff.org/press/releases/important-win-fair-use-dancing-baby-lawsuit
Additionally, be aware that your notice, including any contact information you have provided (address, telephone number, and email address), will be forwarded to the user who uploaded the material at issue.
Thanks,
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