Copyright infringement - On Amazon again

[x-ray]

Several years ago I worked on a series of images of the now deceased but legendary moonshiner Popcorn Sutton. I spent three years documenting his life and moonshine making in the hills of East Tennessee for a documentary I did called Vanishing Appalachia. I shot over 600 images in total of everything from the courtship of his last (12th) wife to the making of his illegal whiskey. Over the years I became a trusted personal friend.

Fast forward, I registered all of my images with the U.S. Copyright office.

To make the story short, popcorn was busted on multiple federal charges ranging from tax evasion, to possession of narcotics and possession of firearms by a 3 time convicted fellon. Serious stuff! Anyway he went to court and received a slap on the wrist of 18 months in federal prison. Sadly Popcorn couldn't handle the idea of prison again and committed suicide.

Now my story, many of the images were included in the Vanishing Appalacha exhibit and have bed. Touring museums since 2009. Popcorn gained a lot of national attention in the last months of his life after his conviction and became a legend upon his death. His death brought a lot of attention to my images and I had dozens of sales to magazines.

When images appear in magazines, RFF and my website for example they're suddenly available for anyone who wants to take them for whatever purpose the want. I've found individuals and companies all over the world copying and making merchandise for sale. I've found images illegally used in music videos on several occasions. Fortunately I've been pretty effective in policing and getting thing stopped without going to court.

Last year I discovered T shirts on Amazon being sold and filed the appropriate documents and they were removed. This year I found work on Zazzle and was able to get it removed. Now I'm finding my work on t shirts on Amazon again.

Again I filed the appropriate documents over a week ago. I received a computer generated form letter that I has been decided my copyright has been infringed and to allow 3-4 days for them to be removed. Now over a week they're still up and selling my work. I filed additional requests and I've only received computerized form letters. I e contacted them by phone but the call is answered by a machine saying to leave my name and number. Still waiting for my callback.

I am preparing material now for my attorney. I ordered a shirt, did screen shots of their sites and have emails plus compiling my documents and registration certificates. This is the second time this company has infringed my copyright on Amazon.

Now the complication, the company is in China so I'm out of luck stopping them but my hope is to get Amazon to pu their account where they can no longer sell on Amazon.

Also in investigating Amazon always has dodged the bullet. The federal courts have ruled Amazon is not responsible and can't police all images. They also say that Amazon isn't te retailer eventhough they collect the money, do the advertising, provide the platform and ship the products from their warehouse in a box with their logo and name. I know I can't get any compensation but I'm hoping to force them to pull the sellers privledges.

Next week it's to my attorney but it does make you wonder what good is a registered copyright.

 

[noisycheese]

...
Also in investigating Amazon always has dodged the bullet. The federal courts have ruled Amazon is not responsible and can't police all images. They also say that Amazon isn't te retailer eventhough they collect the money, do the advertising, provide the platform and ship the products from their warehouse in a box with their logo and name. I know I can't get any compensation but I'm hoping to force them to pull the sellers privledges...

There are so many thousands of federal laws on the books - over 23,000 pages - that no one knows exactly how many there are, let alone what all those laws forbid.

If any one of us violates any one of those laws written in those 23,000+ pages and ends up in federal court facing a judge to answer for our crime and says, "Your honor, I didn't know what I did was unlawful; if I had known, I wouldn't have done it to begin with!" the judge will say what judges looooooooove to say: "Ignorance of the law is no excuse."

If ignorance of the law is no excuse for the little people, ignorance of the violation is no excuse should apply to Amazon. That's what we call equal protection under the law and it is one of the cornerstones of the American judicial system. Or at least that's the claim.

 

[x-ray]

There are at least two sets of laws I'm afraid.

 

[BlackXList]

I'm in almost exactly the same position.

Tee Shirts, Hoodies and even Pillow Cases are on sale on Amazon with my work on.

I use Pixsy to chase up image thefts, with varying degrees of success, but when it comes to 3rd party sellers through Amazon, they just say "nothing we can do here".

I've considered going the route of ordering one to get the seller's details, so that I can take things further.

I don't know what the likelyhood of any kind of compensation from this situation is likely to be, but I'm loathe to just send a DMCA takedown, because that doesn't feel like enough of a resolution.

(There's also a Chinese company with a photo of mine on their headphone packaging, most of the feedback I got in response to asking around about that one was "It's China, they couldn't care less about copyright, or attempts to enforce it).

 

[x-ray]

I feel your pain. This has been going on for several years. The last time I filed a complaint with Amazon they took the images down but this time they said they will but they've done nothing.

I took screen shots of the images, saved all correspondence with Amazon and ordered one of the shirts last night. Next week I'll see the attorney. One of my old client's father is an intellectual property attorney and has been doing it for over fifty years.

I tracked one of the companies infringing to a Chinese company. The other I would imagine is the same company under a different name or a division. They're using the exact same design decal.

A few years ago I had a rash of infringement. I found some of my work being ripped off by a teacher at the Art Institute in Chicago. This person was using my work plus Disney and other highly visible iconic images. Fortunately everyone has taken things down without going to court.

All I hope to get is Amazon pulling the account for this outfit. Thinking about it the company will probably reopen a store under a different name every time amazon takes it down.

 

[Michael Markey]

Really sorry to hear this ... it seems that once images are out there its open season.

I do hope that you can get this stopped .

 

[Rob-F]

I understand that the supreme court has ruled that everything on the internet is public domain. Apparently that means that anything found on the internet can be used without permission for commercial purposes. There is a device called "Shield" that anyone can buy and hook up to their smart TV. It enables the owner to watch virtually any movie out there for free. And this is protected under the court ruling. I was also told that this decision will probably be reviewed. So yes, it seems to be open season.

 

[SuperUJ]

(There's also a Chinese company with a photo of mine on their headphone packaging, most of the feedback I got in response to asking around about that one was "It's China, they couldn't care less about copyright, or attempts to enforce it).

This is wrong. The Communist China does not respect IP laws does not mean that the other countries should tolerate it. Every time I walk down Canal Street in Manhattan seeing tourists buying fake designer handbags from 10-15 street vendors openly, I wondered how ironic it is given the Federal Court is just two blocks away.

John

 

[Corran]

Just send a DMCA notice to Amazon. I've done the same to Facebook and Twitter. They have to follow-up within 48 hours and remove the content.

 

[oltimer]

Martel, the maker of our daughters Barbie Kits got their hands full with the same problems.

 

[dmc]

This is why many professional photogs don't post their images, except on secure channels only their clients have access to. I only post on my own secure site. It's a pity.


Sent from my iPad using Tapatalk

 

[BillBingham2]

One of the many issues that have developed with unfettered capitalism is the large companies like Amazon side-step their responsibility to copyright owners and other small entities (companies and people).

B2 (;->

 

[presspass]

Going forward, DMC's suggestion is the only one that works. I"ve had photos stolen and used with no compensation. I would like to share on sites, including this one, but there's no way to keep the images from being stolen. It's unfortunate, but that's the way it is.

 

[Michael Markey]

This is why many professional photogs don't post their images, except on secure channels only their clients have access to. I only post on my own secure site. It's a pity.
Sent from my iPad using Tapatalk

But if everybody did that (and I can see how they might do) then sites like this would die or at the very least be a lot less interesting.

 

[BillBingham2]

It's a judgement call everyone must make for themselves.

I think the key is that there needs to be a reasonably easy to use and effective way to stop the theft/misuse by companies across the spectrum.

No easy answers.

B2 (;->

 

[Out to Lunch]

I suppose that most web users recognize that the traditional 'C '-copyright game has fundamentally changed and that only those with very deep pockets are able to enforce exclusive rights.

 

[Corran]

I think the key is that there needs to be a reasonably easy to use and effective way to stop the theft/misuse by companies across the spectrum.

https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

Done and done.

 

[Corran]

Done what?

...reasonably easy [...] effective ...

Have an image stolen? Fill out a DMCA Takedown Notice. It is "reasonably easy" and "effective" at removing images or other copyrighted materials from websites. Send to the company (Amazon or whomever) and/or their hosting provider.

There seems to be a real ignorance from some people about this law (yes, I am talking about US law and caveats apply otherwise). That's why I linked to a Wiki article. Read the Wiki article if you need to do a DMCA Takedown. I forced Facebook and Twitter to remove content like this before.

 

[x-ray]

Not posting images is fine and dandy but I make part of my living licensing usage to magazines, various publications and for advertising. Companies That license my work eventually put it up on the web. I can't tell you how many I've sold one time rights to. They've appeared in everything from Maxim to Gourmet Magazine.

I've checked Amazon everyday to see if they've been pulled. Today rather than 6 products there are 20. I believe it's a chinese company and every time they're notified by Amazon or pulled they come back under a different name. The shirts now are under various sellers names. Anskan, Three Time Life and Hifuyu. The Hifuyu is the one that really is a slap in the face. Anyway I submitted the form again to Amazon but expect 100 products the next time. I think it's just a matter of wearing the company down until they lose interest.

What I did do and I'd ask all of you to participate, post negative reviews for their products like cheap quality, faded first wash or whatever you like to discourage people from buying.

Here's a link to one of the shirts

http://www.amazon.com/Anskan-Popcor...ID=7141123011&keywords=popcorn+sutton+t+shirt

Simply google Amazon and Popcorn Sutton T Shirt and look for any with this image. Any shirt with this image on it is illegally being used. Have a field day posting negative reviews and hopefully no one will buy them.

Anyone else having a problem with stolen images should post a link and we can do the same for them.

Thanks for everyones interest and help!

 

[x-ray]

My wife had a fantastic idea. many of us have large followings on Facebook. Post on Facebook, Twitter etc. a link and ask all your followers to post negative reviews of the products your images are on.

Thanks!