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i think i remember this happening to someone else in the Hive, but I can't remember who
I'm so sorry this has happened to you! If you check their site they *should* have Terms of Service which include instructions about how to file a DMCA (Digital Millennium Copyright Act) request, which would then legally require them to remove your content.
I hope this helps! Please let us know how it goes.
Best,
Lori
@Lorienne: Thanks for your post. I don't see any references to DMCA in their Terms of Use. This is the website: http://www.dhgate.com/ . If anyone can figure out how do file a complaint I would be grateful.
I am also curious what legal grounds do I have for a complaint. Do I emphasize that they're the copyrighted product of our photographer? My personal property? Since Weddingbee is public, what stops someone from using any of our personal photos for commercial purposes? Can an escort service for example brand their website's name on my chest and put that on the internet too?
my thoughts are its the internet - so anything posted on the web is up for grabs, doesnt make it legal but you cant fight some of them due to distance and cost
but!!! my husband takes underwater photographs and anytime he puts a pic on his website he always makes it a low resolution pic and he has his copyright on the photos
he has found his photos on professional websites around the world, he sends them an email and a invoice for the the cost of using his photos - so far the pics have been removed within hours, well except for the one place that offered to pay for the use of the photos and thats what they did
*bump*. Any suggestions? Please help!
I received this generic message from the website:
We have duly received your complaint. According to such Procedures, please kindly provide relevant materials of you or your company owning the said intellectual property rights to us, mainly including:
(1) identification documents, such as the business license or other certificates of incorporation, power of attorney and so forth;
(2) ownership certificates, such as the trademark registration certificate registered in mainland China, copyright certificates and so forth;
I don't have a copyright or a trademark, I just don't want their logo all over my ass! What's the best way to argue this?
I'm no lawyer, but the problem isn't that you own the intellectual property, since you don't. You didn't put any thought into creation of any of the products involved. You do, however, own your own image. Your body is your own by natural right. Maybe someone on here more experienced in law can help you word that better.
This is uber creepy. I would be mad. I hope someone with a legal background can help.
Check your photographer's contract - if you are granted the rights to the images, you should be able to furnish a copy of that as proof and they'd need to remove it.
If he/she is the owner of the rights to the images, they'd need to be the ones to write in to the site.
Also to answer your question, we don't assume ownership of the images you post on our site, so there is nothing legally we can do to get these guys to stop, unfortunately.
So sorry this is happening to you!
Also want to add, you should be able to argue that they don't have the right to use your image and likeness, but I *think* (not a lawyer here) that is really only legally enforceable if your image/likeness is a "brand" (like, they couldn't use a pic of Jennifer Aniston in your gown to sell the gown, b/c she is something of a "brand" or a "product" for herself).
I know we have some lawyers buzzing around the Hive, hopefully they will chime in soon to weigh in on this.
Our photog gave us a signed contract stating we held the rights to the images. Did your photog do that? If so, I would send that.
thats soo rude of them to just use your picture.. on a slightly bright thought. you must look awesome in your dress for them to even think of using it.. :)
OMG OMG OMG OMG!!! That is sooo scary!!! You know I sent you some inbox mssgs and had a convo with you on how GORGEOUS of a bride you were and how PERFECT your wedding was but OMG OMG!!!! That is sooo scary that they did that!!!
I agree with others, I think your best bet would be to use your agreement w/ your photographer. Your photograher owns the rights to the images, and if there was a written agreement that gave you ownership, you now own them. Which I would think Means, this website would need your permission to use and (in a sense) sell your image.
I hope someone who is more familar with the law then I can help you. This is just plain creepy!
I work with Trademarks/Brand Licensing. Certainly NOT an expert but the photo of you in your dress is your intellectual property. You own the photo and did not give them the rights to use YOUR photo. They "took" it from WB where you allowed it's use.
Did you respond to them yet? Like you said, one of the legal bee's hopefully will hop on here to help you! Good luck.
Sorry to tell you this DHgate is a chinese web site and the do not fall under intellectual or copy right laws. There is probably nothing you can do.
@eloping is wrong. It's not just "up for grabs" because it's the Internet.
That being said, it's difficult to enforce copyright across international lines. Your photog hopefully gave you a signed document stating you were the legal owner and distributer of the images, so make sure you can find that.
Next, have a lawyerly friend write up a cease and desist letter including the pdf of the ownership document, stating they need to pay you for the image or to remove it.
You can also contact their ISP (maybe based in the US?) and state they are illegally using images. Usually ISPs will remove illegal images once they've been identified.
Another option - should they refuse all efforts, have people you know flood their inboxes with e-mails requesting the images be taken down. Sometimes this can help.
As a note to everyone, copyright law in our country gives the person who created the product immediate ownership over their work. You DO NOT HAVE to register your images with some kind of copyright office to have them be legally yours. However, people DO register their ideas to show they are the first owner of an idea for a product so they can protect their money and ownership should the product be copied.
@lilacwire: i also said it doesnt make it legal. but really, every single person in the world is at risk of having their pics lifted and kept/used elsewhere without their knowledge or consent so i dont understand why people are then shocked when it happens
OP i hope they will at least remove the pics but a word of warning to all that post their pics online
Thanks everyone. As soon as I get home from work I'll read your comments in more detail and I'll give an update. I got a more direct response from the actual dressmaker than the website. I must've managed to make him nervous cause he wrote "sorry friend. my assistant made a mistake, it's gone now". But, the pictures are still there. He only changed the link to say "item sold out". Maybe I need to have a Chinese coworker write to them and explain what I want.
@eloping: I understand the risk of posting pics on the internet but what rattled me is how the pics are being used. If they just came up on someone's inspiration pics or something, I wouldn't mind. What rattled me is 1. Someone's trying to sell something and make money using me 2. They have both the dressmaker's logo and the website's logo on my wedding pictures, as if they belong to them! Like a bad joke, there's even disclaimers on the site that all pics posted there are their property.
@meliss:I agree. Inspiration...yes. But passing it off as a dress they MADE to give an impression to another bride who may be BUYING thinking her dress is one of their's CANNOT be right. CREEPY, I say!!!
That is awful! Thank goodness someone showed you this- good luck with your battle!
@meliss: Oh Meliss how awful, so sorry. I can't see it on the website, where is it? Let us know how it goes. ;)
These idiotic spammers are bumping old posts mentioning DHGate and not even bothering to read whether they're positive or negative.
@meliss I hope they removed the dress photos. That is absolutely CREEPY!
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Somebody who no doubt recognized me from this site emailed me and let me know about this. One of those stupid Chinese replica dress makers is using my wedding photos (probably taken from the classifieds on this site) to sell a cheap replica of my dress!! I am furious...My husband and mother-in-law are in the photos too. On the website they have branded their OWN FREAKING LOGO over my body!!! The seller doesn't have a direct website. The link I found is on dhgate, which I'm guessing is a marketplace like eBay. I emailed DHGate and asked that the photos be removed but I doubt I'll get a response. I also tried to contact the seller but I have to sign up for dhgate to do that. Does every photo we post here become public property available for commercial use? Are there any legal grounds to stop this?