Wow!! - Just got a Legal Demand & DMCA Notice??

[tonyfloyd]

I just opened my e-mails...and in there is a Legal Demand and DMCA Copyright Notice from lawyers representing 2 mega-star hollywood celebrities demanding that recent unauthorized vacation photos be removed from my site......these photos came in via feeds that i subscribe to......i have pulled the pics off my site....but just out of curiosity....am i liable?...could they come after me?...i am not the source of these pics in reality?....i am just sharing what someone else is sharing who got them from someone else...etc.....

letter also says to confirm in writing that i have done so....can i e-mail them?....do i really need to do this part?

please advise...

thnks
tony

 

[Duckinla]

Who knows for sure. Not worth it to fight. Just comply and send an e-mail that you have complied. Use a pleasant tone, no need to get hostile, that won't get you anywhere.

 

[tonyfloyd]

thats what i did...havent sent the e-mail yet....but i took down all photos...i guess a 2 sentence e-mail apologizing and stating how these photos appear on my site (as feeds from other sources) should be ok....any thoughts?

 

[dcristo]

Were the pics revealing in anyway? Just curious ...

 

[tonyfloyd]

the celebrities are saying yes...thats why they got their lawyers out and about...

 

[companyone]

Welcome to the C/D club...your ok...get some sleep.

Peace,
Dan

 

[DomainMagnate]

now you just made us very curious to see the photos

 

[tonyfloyd]

lol....i took them down....u think i should of kept them up??.....first time i ever got one of these lawyer threats ..... i didnt want to fool around over some stupid pics....even though i could of generated a lot of traffic ..........

 

[Jack Gordon]

let me tell you a little something about the legal system....

EVERYTHING is negotiable, until someone decides to file suit, but practically...
NOBODY files suit until negotiations to resolve a dispute amicably have failed

The quickest way to get the desired result? Send a scary, threatening letter from an attorney to scare some poor schmuck who doesn't want any trouble into quick compliance.

In other words... relax. Especially since you had no bad intent and were not the source of the images. Do you need to send them confirmation in writing? Of course not. If they need confirmation, they can visit your site.

Do you need to apologize? Not unless you think those lawyers need an ego boost. Guaranteed they'll be sharing all the details with their buddies about how they scared the pants off another one today, slapping each other on the back for a job well done.

Go get a beer and think about more ways to make money. This episode is over.

 

[Dave Zan]

This episode is over.

Hopefully. :lol:

 

[Jack Gordon]

Hopefully. :lol:

Of course it is. What is left for them to gain by pursuing it? They won.

 

[tonyfloyd]

yeah...u 100% right....live and learn...right?

 

[ChrissyBoi]

Of course it is. What is left for them to gain by pursuing it? They won.

If it was a DMCA notice, it has nothing to do with winning or losing - it is either a matter of fact, or it is false.

There are strict procedures for DMCA notices, and he did the right thing. Feed or no feed, the material was displayed on his site - he is ultimately responsible for the content of material which appears on his site, whether it is by virtue of a feed or otherwise.

Webhosts don't mess around with DMCA notifications anyway, because the DMCA includes potential liability for hosting companies if they fail to respond to a DMCA notification, and the matter turns out to be factually true. Most hosts will give you around 48-72 hours to respond, and if you don't they will just pull your website down. It really is that simple.

They would rather lose your $10 a month than $100K in a lawsuit.

 

[petertdavis]

You might find these two links informative.

www.chillingeffects.org
http://en.wikipedia.org/wiki/Streisand_effect

 

[tonyfloyd]

they mentioned they would go after the DNS also in the letter....they gave me 6 hrs....honestly, I wasnt going to chance anything over some stupid pics......they were'nt even that great!...lol....but what they are priming up for is the potential distribution of more damaging pics that are to be dangled and about to be floated out....i guess they want to scare them into not distributing these pics....and if these come out...what do i do?...remove them again?....the pics i removed are still floating all over the net on other sites...i wonder if they got the notice also,......anyways i added a copyright info on my site...any thoughts?

http://www.madhollywood.com/copyright-information/

does this somewhat protect me?

 

[ChrissyBoi]

I wouldn't get too worked up over it, just as long as you complied with the DMCA.
You maybe want to check where you get your feeds from, that they are reputable.

Your 'disclaimer', as you are probably no doubt aware, is not a cast-iron guaranteed form of protection, but it is indicative of the fact that you are willing to comply with removal notices of any image which may not be in the public domain.
'Fair use' isn't set in stone either! There has been some weird and wonderful judgements with that over the years - and just because you 'believe' something to be in the public domain doesn't necessarily mean that it is!

Sorry, lol, I'm not meaning to be a pratt or deliberately picking what you say apart, I'm just showing you what an @ss the legalities of these things can oftentimes be, and how the law can and does look at these things!

Like I said though, don;t get too hung up about it, if they want it taken down, and you know it ain't yours, take it down. That's the simple and safe option. Just make sure that you have some safeguards in check if you are ever going away - Like switch off your feeds until you get back ... you don't want a DMCA landing in your mailbox when you're not going to see it for a week or so.

 

[tonyfloyd]

thnks chrissyboi!

 

[Domagon]

Many of those C&D emails are sent in a semi-automated manner ...

Best thing to do is what you did ... pull the content down unless you are sure you have rights to it; fair use is tricky to document, so it's often best to comply unless one is prepared to mount an effective defense ... see the link the other poster listed for details ... in particular http://www.chillingeffects.org/

In regards to replying back to such emails ... my personal view is typically DON'T.

By not replying, you maintain plausable denyability ... you didn't get the email, couldn't authenticate the email (most are sent by third parties), didn't read the email, didn't understand the email, etc.

Hardcopy C&Ds sent with *certified, return receipt*, are a different story ... but for email, again, generally it's best to do what they ask without replying, if they have a credible point (ie. content is not really yours, etc) ... and be done with it.

Ron

 

[DomainBuyerBroker]

Did the pictures invade the celebrities privacy? If the photos were taken outside or where they did not have a reasonable expectation of privacy then I don't see how they could complain.

Then again, lawyers can sue you for just about anything.

 

[tonyfloyd]

the phots were taken in an outdoor pool at a private residence they were staying at in Mexico........the celebs just recently paid $400k for even more Xrated photos that they were afraid of being leaked to the press....that is why the lawyers sent out all these Legal Demand & DMCA Notices ahead of time......as a warning....since they knew that these raunchier pics existed and did not want these to surface.......

anyways......if u are famous celebrities and u know the paparazzi track your every move....dont decide to get nasty in an outdoor pool!!!!.....do it indoors!...lol...

can anybody guess these 2 loser celebs??

Tony