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Photographer Threatened With Legal Action After Asserting His Copyright 667

Posted by Soulskill
from the picture-of-surprise dept.
New submitter JamieKitson writes "Photographer Jay Lee got more than he bargained for after sending some DMCA takedown notifications out to hosts of sites using one of his pictures. One Candice Shwagger accused him of everything from conspiracy over local sheriff elections to child abuse. Since Candice is now threatening legal action, Jay has said he'll take down the post, so here's a snap shot. After reading the story, I checked for use of my own pictures and found one of them being used on a review site without even a credit."
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Photographer Threatened With Legal Action After Asserting His Copyright

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  • Re:How (Score:4, Funny)

    by Bodhammer (559311) on Friday May 25, 2012 @01:52PM (#40110847)
    Try googling Google Image Search...
  • by j-b0y (449975) on Friday May 25, 2012 @02:05PM (#40111031)

    Elrond: We cannot use the DCMA. That we now know too well. It belongs to Sauron and was made by him alone, and is altogether evil.

  • by frazamatazzle (783144) on Friday May 25, 2012 @02:14PM (#40111133)
    Wow. That is what is like when you cross paths with someone that is truly unhinged. If I were Jay, I'd be checking to see if there are any bunnies in boiling pots on my stove.
  • Re:How (Score:4, Funny)

    by Dexter Herbivore (1322345) on Friday May 25, 2012 @02:14PM (#40111137) Journal

    Try googling Google Image Search...

    Hey dude, I heard you like Google so I.... aaah, screw it. I can't stand that meme anyway.

  • by Anonymous Coward on Friday May 25, 2012 @02:15PM (#40111151)

    Practical advice for the guy in TFA? If you're going to post your photos on-line, put a great big watermark on it that says something to the effect of, "If you want to use this photo, YOU NEED TO PAY ME! Email whatever@ whatever.com for details!"

    Here's some additional practical advice:
    - Find out the website / phone number / office of the bar agency in your state; such as Wisconsin [wisbar.org]
    - Research there to find out attorneys that specialize in intellectual property law, specifically copyright law
    - Meet with these attorneys and find out what their rates are
    - Pay your preferred attorney a retainer
    - Find your copyrighted photographs being used for commercial gain with permission (note: this is potentially *criminal* copyright infringement)
    - Have your attorney sue the copyright infringer (up to $150,000 per photograph infringed)
    - Win in court; get paid (aka: PROFIT!!)

    Your attorney can also give you helpful hints on what to include in the watermark (as suggested by parent).
    The right stuff in the watermark can make the difference in court, especially if the infringer tries to remove/obfuscate the watermark instead of paying.

  • by PRMan (959735) on Friday May 25, 2012 @02:18PM (#40111195)

    Paranoid Schizophrenia

    Shouldn't that be Polaroid Schizophrenia?

  • by eimsand (903055) on Friday May 25, 2012 @02:32PM (#40111399)

    "... Doesn't look like she's missing too many meals" http://www.examiner.com/slideshow/candice-schwager?slide=37962031 [examiner.com]

    She eats the babies she can't save.

  • Re:How (Score:5, Funny)

    by Loughla (2531696) on Friday May 25, 2012 @02:50PM (#40111691)
    I swear to God, if you say my name three times and make me appear in whatever hole you currently reside. It's over. I have work to do this afternoon, and I can't be schlepping off to some third world hell hole.
  • by RedBear (207369) <<redbear> <at> <redbearnet.com>> on Friday May 25, 2012 @03:00PM (#40111875) Homepage

    Reading just bits and pieces of this lady's blog it is quite apparent that she is full-on batshit, tea-party, paranoid-about-liberal-media crazy. Ignoring the fact that most of her wrath should be directed toward the insane policies of GoDaddy who are the ones who decided to shut down ALL her sites over a single photograph, she needs to have someone with backbone sue her dumb ass for slander and defamation so she can see how the law actually works. She needs a massive mental slap upside the head to rattle her brain back into place. She's pulling conspiracies out of thin air left and right, making all kinds of accusations without a shred of evidence. Oh, her evidence is, "I don't believe in coincidences."

    I love the cognitive dissonance of these people. She quotes a supposed conservative psychologist expounding on some sort of horribly obvious but also incredibly nebulous psychological "problem" with Obama: "His externalizing all blame to conservatives, George W. Bush, or the “racist” bogeyman hints at persecutory delusions." Funny, I thought that's what conservatives were doing all day long, in the other direction. Externalizing all blame for literally EVERYTHING to liberals and Obama. Pot, kettle, carbon motherfuckin' black.

    Wow. Just wow. Reading that blog is scary. She should apply for a job at Fox News. I'm sure she'd fit in perfectly. Now excuse me while I go scrub the crazy out of my brain with some Dragonball.

  • Re:How (Score:5, Funny)

    by Scarletdown (886459) on Friday May 25, 2012 @03:04PM (#40111933) Journal

    Muwahahahahaha I can control life with this magical photo of you, and this wedding photo of you kissing your spouse will destroy your life! Careful, I might even say your name three times because we all know there's magic in names!

    Dear Rasperin,

    You are cordially invited to speak my name thrice any time you wish.

    Yours truly,

    Hastur.

  • Re:How (Score:3, Funny)

    by Anonymous Coward on Friday May 25, 2012 @03:18PM (#40112141)

    Spoken like a true genie!

    "... For first thousand years I was trapped in this cubicle by the seal of our CEO Suleiman ibn Daud, I thought I'd give my prized red stapler to whoever frees me. For second thousand of years I promised I'll deliver great teamwork skill and ROI to whoever frees me [skipped] And now, after five thousand years, when I'm finally getting promoted to supervisor, I swore by Allah's name I'll sue the accursed soul that frees me and call my 7000 efreet lawyer brothers to torture him till the end of the time"

  • She supports Newt. Clearly not Tea Party. But hey, it's fun to characterize an entire group of people based on the words and actions of a single tangentially related individual, isn't it? Makes you feel real superior. Awesome.

    My bad. Allow me to sincerely apologize for mistaking one group of batshit crazy liberal-media-conspiracies-are-destroying-the-universe loons for a completely different batshit crazy liberal-media-conspiracies-are-destroying-the-universe loons. I can't imagine how I got so confused.

    By the way, I was using "tea party" as a figure of speech, as in "crazy like the tea party", which is why it's hyphenated and uncapitalized. Not that it particularly matters. Nuts is nuts, no matter what side they're on or what they call themselves.

Somebody ought to cross ball point pens with coat hangers so that the pens will multiply instead of disappear.

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