QUESTION
Can I sue for an image I own that has been stolen and is being used on tons of websites? Or have it removed?
Asked on Nov 15th, 2014 on Intellectual Property - Michigan
More details to this question:
My wife posted a picture of my child onto facebook and http://mommyshorts.com/ for a contest. The picture of my child is now being used on tons of websites/blogs in articles. It seems these sites are trying to make money off an image they do not own. Can I sue or force these websites to remove the image? http://mommyshorts.com/legal Here it seems to read that material cannot be used for commercial purposes on 3rd party sites. Im pretty sure facebook images cannot be used on 3rd party sites either for commercial purposes...however I believe facebook has the right to use images for adds which is not the issue. This link shows how many tons of sites are using this image: http://bit.ly/11abs0D
1 ANSWER
Computer Contracts Attorney serving Washington, DC
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Protect It! IP, LLC
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Yes, you can definitely sue under multitheories of libility here (especially since it's a minor.) We sell package called the Five Pillars of Protection that we can use to provide answers to your situation and provide you legal counseling on what is and is not fair use or copyright infringment. I'll be able to guide you through how to enforce your rights, provide takedown notices, etc.
Looking forward to your reply.
-Paul Roberts, Protect it! IP
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Answered on Nov 24th, 2014 at 4:10 PM