What To Do About Copyright Violation?

[Noel_Carboni]

I just ran across my very own image on top of someone's web page. It's the very same image I entered in last month's contest. Apparently it's been used as part of another, larger image.

You can see it here: Google Lunar X PRIZE

I suspect they likely lifted it from the NASA Astronomy Picture of the Day site, where the Copyright is plainly marked: APOD: 2006 September 7 - Colorful Moon Mosaic

I'd be proud to have my image at the top of the Lunar X Prize site, but they'll need to pay me for its use. I have licensed this image to be used a number of times, but notably not to them.

I wonder how I should approach this. Any suggestions?

-Noel

[michaelnotar]

well do all pics through a scope taken with in a few hours within the same area of the US on the same night look the same.. im not sure the shot on the home page is yours. but the second link it is definitely yours. is there any government fair use at play here, for research use etc...?

not pulling for them, just curious

[Jerry Skrocki]

The first step is to email the owner of the website with a request for payment for the image use.

While you do not have to register your image with the US Copyright Office for Copyright to apply, you will not be able to collect damages for illegal use of the image unless you do so.

Jerry

[michaelnotar]

How to Send a DMCA Takedown Notice | Black Star Rising

[Noel_Carboni]

Well, in this particular image I composited a star field that would not be seen behind the moon, and I can see those stars in the image.

I will eMail them first and request payment.

Thanks for your responses.

-Noel

[MathewLodge]

I send an email pointing out the unauthorized usage, and asking that they take it down in 7 days or buy a license for usage. if I cannot identify the author of the web site, I send it to the ISP hosting the site.

99% of the time, they take it down. Web hosting providers are very familiar with DCMA takedown notices these days, and they often get their client to remove the image if you send them proper notice. If this fails, send a formal DCMA takedown notice. And if that fails, sue them. You did register copyright with the Library of Congress, right?

[KevinStecyk]

Noel,

See prior thread:

What do YOU do?

My post (below) provides Google's DMCA notice link, which is good for any service provider. That is, the same information and format can be applied to all providers.

What do YOU do?

Best regards,
Kevin