View Full Version : DMCA Takedown Notice, Facebook?
Has anyone had experience sending a DMCA Takedown Notice to Facebook? How did they respond, and did you have to do anything special with your notice?
I used their online form, but there response was that the content was being used "for the purpose of commentary or criticism regarding matters of public interest." Which makes no sense - that would mean any news agency in the world could use any image freely, which we know isn't true. Fair Use, as far as I understand, doesn't cover this kind of usage, and it is not a derivative work or anything like that.
They also requested legal statutes and case decisions to defend my assertion of illegal use. Since when does a hosting platform have the right to ask for pertinent rulings about copyright? Is this normal?
For reference, the images in question are ones I took recently that have been stolen and are being used by a group promoting hate and racism, which is why I am vehemently pursuing DMCA Takedowns on Facebook, Twitter, and other platforms.
You will most likely need to get a lawyer to send them a cease and diciest letter for them to take action.
They get more flak from first amendment groups then copyright, and since they have a very conservative view of copyrights (IE in the way they treat their users content) there is not much you can do.
Their response to you here is just a simple way to get you off their backs, fast without having to do much. The problem with copyright laws in the US is that there are very few cases where they have been fought and won. This discussion comes up every now and again you should do a search on previous similar threads.
While in this case you are not asking for punitive damages, but simply asking them to take it down, they cannot separate the two (and how can, really), hence the response. On personal cases, when you are not really dealing with a large entity it might have been a bit easier. Once a real lawyer is involved, their cost coefficient rises, and images and pages are removed post haste.
Hmm.
I've just drafted an official DMCA Takedown letter that I was going to send directly to their Intellectual Property contact. Perhaps I can find a lawyer friend to put it on their letterhead. Like you said, I don't care about punitive damage at this point, I just want it removed.
Twitter's response was fast and positive, in comparison.
Jac@stafford.net
27-Apr-2015, 17:12
Were you on University time when you made the pictures?
Did Valdosta put the pictures on Facebook?
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Jac@stafford.net
27-Apr-2015, 17:14
No and no.
Cool. Can you send us links to the Facebook pages in question?
Kodachrome25
27-Apr-2015, 18:17
Man....this really makes me sick, I hope you get this stuff pulled. Have you contacted ASMP or NPPA at all? I have a feeling their legal types would be all over this....
Hmm.
I've just drafted an official DMCA Takedown letter that I was going to send directly to their Intellectual Property contact. Perhaps I can find a lawyer friend to put it on their letterhead. Like you said, I don't care about punitive damage at this point, I just want it removed.
Twitter's response was fast and positive, in comparison.
I think the letterhead will be enough. Even a properly formatted lawspeak letter might be enough in this case.
Twitter (and tumblr) has a totally different approach to this type of stuff, they have a near zero approach to complaints, and act first and ask questions later, but they are tiny compared to FB.
Man....this really makes me sick, I hope you get this stuff pulled. Have you contacted ASMP or NPPA at all? I have a feeling their legal types would be all over this....
Good idea. I'll look into it. Honestly though I don't want a big to-do about it, I just want it removed and to move on.
I've got the lawspeak down. I'll file my complaint directly to their legal affairs department and through a registered letter and go from there.
bdkphoto
28-Apr-2015, 06:09
Good idea. I'll look into it. Honestly though I don't want a big to-do about it, I just want it removed and to move on.
I've got the lawspeak down. I'll file my complaint directly to their legal affairs department and through a registered letter and go from there.
NPPA has a really good page about this process, written by Carolyn Wright. Both ASMP and NPPA will tell you to register the image with the LOC - you have 90 days from from first publication to gain the benefits of prior registration which give you some legal advantages if you need to pursue an infringement case. Neither organization will likely take your case, but they may refer you to legal council.
If you are not a member, you should consider joining - the members network can provide practical advice and referrals to folks that have been through the process.
https://nppa.org/page/5617
Shootar401
28-Apr-2015, 08:08
Are all the legal fees you will have to pay worth it for a photo on Facebook? I might be able to see the reason for a takedown if the other party was making money off your photo, but he/she/it most likely thought it was a gool photo and wanted to share it with friends ad family. You should be flattered someone liked your work enough to repost it.
bdkphoto
28-Apr-2015, 08:11
Are all the legal fees you will have to pay worth it for a photo on Facebook? I might be able to see the reason for a takedown if the other party was making money off your photo, but he/she/it most likely thought it was a gool photo and wanted to share it with friends ad family. You should be flattered someone liked your work enough to repost it.
You might want to take the time to read his post...
Thanks for the link Bruce.
If you formally register copyright Attorney Fees are generally awarded. Without registering you can't file suit in Federal Court.
Have you sent the DMCA to the individual who has it on their page? Hit them as well as Facebook. Name everyone you can find in the chain to name and let them go after each other.
You might visit your local FBI office and ask to file a formal complaint on this. If you were Disney they would jump on it quickly. If you start making noise with them, even to getting ahold of your US Senator or Congressman you might get them to ask the questions and visit Facebook offices on your behalf. After all, Copyright violations are Federal offenses.
cuypers1807
28-Apr-2015, 11:30
I have had photos removed from Facebook, Twitter, Pinterest (10x) , etc. without lawyer involvement. I just linked the source photo and they removed the photo the same day. I doubt you will have that much trouble. Private websites and blogs are much more of a challenge.
Interesting. I don't know why Facebook is being obstinate to me. I sent a more formal DMCA letter to them today.
Also, Twitter today formally closed my case and deleted the images off the offender's site.
cuypers1807
28-Apr-2015, 11:41
I used their online form.
Jac, you might want to edit that post; it could be taken poorly.
Sal Santamaura
28-Apr-2015, 13:34
Jac, you might want to edit that post; it could be taken poorly.Could be???
Just a follow-up: my direct email of a pdf document detailing my DMCA Takedown information was successful. The images were taken down in under 3 hours.
It seems to me that a direct DMCA request to Facebook is the way to go, rather than their form.
Thanks for all the information and suggestions everyone. I hope others can use this information in the future.
Jac@stafford.net
28-Apr-2015, 16:03
Jac, you might want to edit that post; it could be taken poorly.
Our immoderator took it down. No problem. You would have to know where Corran's pictures were used and you might appreciate the irony, or not.
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Since everything posted on the internet is saved somewhere, somehow - what is to stop them from reposting? What stops these saved pages from being used in other places or even on the same forums?
Did you email to ip@fb.com or a different address?
I suspect, as koh303 said, that you received a form response from someone who took a very cursory look at it's use. Perhaps with no context of the the group using it. It satisfied the letter of the law while requiring you to jump through hoops.
That was one of the emails I canvased with my second, more formal request.
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