Is it true that if an image used on a website is not copyrighted its free for the taking?

I created a logo for my website and somebody took it and used it on her website. I wrote to her to ask her to remove it and she was not very nice about it and wrote back and said "tough sh*t, if you didnt' copyright its mine to use as I wish."

So now I have to create another logo and copyright it, but again there is nothing to stop sombody from copying it off my site and using it.

Did you add a copyright disclosure to your site? Generally unless you added a notice claiming it as your logo, nothing can be legally done about it. There is a question of morals, but without more information I can't really tell you much...

<<snipped>>

Is it true that if an image used on a website is not copyrighted its free for the taking?
No, it's not true. When you publish, it's copyrighted to you if it's your original work (even in the absence of a "copyright notice" on the site). The only difference between this "copyright" and an official one is that you can't collect damages unless it's registered.

Find out who provides them with hosting and send them a DMCA notice.

No, I didn't add a copyright notice, but I put up this text next to it: PLEASE NOTE: The pink heart graphic you see on this page was created by DSM in 2004. You may not borrow this graphic for any reason. You may contact the graphic's creator at xxx@removedmyname.com

Is it true that if an image used on a website is not copyrighted its free for the taking?

I created a logo for my website and somebody took it and used it on her website. I wrote to her to ask her to remove it and she was not very nice about it and wrote back and said "tough sh*t, if you didnt' copyright its mine to use as I wish."

So now I have to create another logo and copyright it, but again there is nothing to stop sombody from copying it off my site and using it.She is wrong - completely and categorically wrong. The moment a work is created, it is covered by copyrights and is immediately attributable to the creator. You do not need to register your work. You do not need to even display a copyright notification. It's helpful to do either or both, but not necessary.

Send her a DMCA takedown notification. Copy her upstream provider on it. I've never seen an upstream provider fail to act when given this notification - http://en.wikipedia.org/wiki/Dmca#Example_of_DMCA_Takedown_Provision

Wish I'd said that (http://www.webhostingtalk.com/showpost.php?p=4856809&postcount=3), Paul :angel:

Wish I'd said that (http://www.webhostingtalk.com/showpost.php?p=4856809&postcount=3), Paul :angel:As usual, you pressed submit before I had a chance. You're a wily bear!

Wow I can't believe someone is stupid enough to believe that they can just steal something so stupidly.

Check out generic copyright law on artworks. Pretty much every where on the world has something along the lines of

"An author of a work holds copyright unless sold to someone"..

Nail her butt.

Wow I can't believe someone is stupid enough to believe that they can just steal something so stupidly.

Check out generic copyright law on artworks. Pretty much every where on the world has something along the lines of

"An author of a work holds copyright unless sold to someone"..

Nail her butt.

I didn't have the desire to nail her butt until she told me "tough sh*t."

She is wrong - completely and categorically wrong. The moment a work is created, it is covered by copyrights and is immediately attributable to the creator. You do not need to register your work. You do not need to even display a copyright notification. It's helpful to do either or both, but not necessary.

Send her a DMCA takedown notification. Copy her upstream provider on it. I've never seen an upstream provider fail to act when given this notification - http://en.wikipedia.org/wiki/Dmca#Example_of_DMCA_Takedown_Provision

Her website is on myspace.com and I wrote them and this is the reply I got which does not help me at all. Also if I did not copyright the logo how can I prove I created it? I feel I have lost this battle.

Hello,

If you believe that your copyright-protected work has been copied and posted on MySpace.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

For your convenience, you may create an email template of this DMCA notice to ensure that all information is submitted each time.

Thank you,
MySpace.com

Copyright is a given thing - you own the copyright if you created it, provided you haven't sold it.

However myspace is annoying to deal with I imagine. Provide them everything that they asked for, I'm not sure why they need a signature though.. seems a bit odd.

Edit:

Send 'em a link to the original work on your website with that notice next to it as well.

Her website is on myspace.com and I wrote them and this is the reply I got which does not help me at all. Also if I did not copyright the logo how can I prove I created it? I feel I have lost this battle.

Hello,

If you believe that your copyright-protected work has been copied and posted on MySpace.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

For your convenience, you may create an email template of this DMCA notice to ensure that all information is submitted each time.

Thank you,
MySpace.comAll they did was share with you the template for a well-written DMCA notification. They're simply asking for the document Bear and I suggested you send to them :)

Their reply is very helpful. Just answer each pat, send them the letter, and they'll take down the image (hopefully).

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;Since the notification is coming from your email address, this, along with your name at the end of the letter, will fulfill this obligation.

(ii) a description of the copyrighted work that you claim has been infringed;Describe the image that was stolen. Describe where you put it and where it ca be seen used legally by you. This whole description takes all of three sentences.

(iii) a description of where the material that you claim is infringing is located on the Website;Point out the URL where it is located now, in violation of your copyright.

(iv) your address, telephone number, and email address;Self-explanatory.
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Add this as the last line of your message to MySpace, verbatim: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by my registered copyright and by the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is infringed."

-----

Done. Writing a DMCA takedown notification for MySpace should take about five minutes. The reason they are asking for it is because it legally absolves them of fault in the event they take something down and then find out it was actually legit. They'll keep this in their records, and the image will go away.

Paul is amazing :) and I don't know how you find enough time to do it (helping others). You really are a (web)maestro!

Thank you for your help and advice! The woman removed my logo from her site and all is well now.

In future try embedding a watermark in your images.

The watermark does not have to be big.