Your Legal Rights
when someone is using your pictures on their web site

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A letter Chris prepared for a client to sent to an infringing web site owner

Your responsibility once notified of a copyright violation is clearly defined, under Title II of the Digital Millennium Copyright Act (17 U.S.C. 511 et seq.). (To view a complete copy of the DMCA ) If you do not follow the "notice and takedown" provisions; your company becomes liable for the infringement. I even have the right to contact your upstream provider of Internet access, and request that they terminate your account if this infringement continues.
Digital Millennium Copyright Act gives me, as the copyright holder, the right to seek financial damages against any ISP or host as contributory or vicarious copyright infringer, if they fail to immediately remove the offending material. As a web host or ISP you can avoid financial liability if one of your subscribers offers an infringing copy online by immediately taking down the unauthorized material.
Title II of the DMCA also requires you to implement a policy of terminating the accounts of subscribers who are repeat infringers.
For a good review of how you can protect yourself from this situation in the future, you can read the article "When Is an ISP Liable for the Acts of Its Subscribers? "

ISP's and web hosts can be found through SamSpade.org

Researched by Chris Maher

Our list of free things you can do to protect your images on the web

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