Copyright infringement - itunes, etc

King4aDay · 19 Aug 2013 at 16:25

Hi all,

Just found one of my images being used as the cover art for a digital only release of a music EP. I doubt it's sold much, but it is listed (along with the cover art) on itunes, amazon downloads, shopto and at least half a dozen other paid music download sites.

Now, I'm in the UK, the artists are Spanish and the record label (looks like it's probably run out of someone's bedroom) is registered in the US - update - no it isn't, wrong label

I remember looking briefly into methods for chasing copyright infringement overseas and never found a mechanism that seemed like it was likely to work, so I've never got beyond getting people to take down my images for previous violations.

I'll be frank and say I wouldn't mind a few quid at the moment, and wondered if anyone had any thoughts about the best angle to go with this one?

D.P. · 19 Aug 2013 at 16:32

Depends how deep your pockets are to afford international IP lawyers. You wont be able to do anything without a significant investment in legal resources.

Best bet is just to ask them to stop using the image.

King4aDay · 19 Aug 2013 at 16:38

Yeah, that's what I figured. Just wish someone in the UK would start stealing my images so I could go through the Small Claims Court

. It's always the US/Canada.

Nexus · 19 Aug 2013 at 17:24

If it was a bigger label/band then it would certainly be worth getting a lawyer and chasing payment for how widely its been used unlicensed.

However as you say they are small fry, its unlikely you will get much out of them anyway. Anyone who was in that kind of position with proper management wouldn't be using unlicensed images anyway.

I don't see a mailing address on the label's website. Presumably there is a way of getting this information? Perhaps for a fee? Otherwise I guess e-mail them and maybe try your chances by basically giving them an ultimatum to pay a licensing cost, plus a used without permission fee. If it means they would have to change a good deal of items they have produced with the image, especially if it has been printed on a physical release then they may well pay up. Not just because you have caught them, but incase there is a worry of legal action. If they really are small fish in a big pond, I would guess a take down request is all that can done.

Dj_Jestar · 19 Aug 2013 at 18:45

You could submit a DMCA to apple.

Given this is a genuine copyright infringement, and all.

https://www.apple.com/legal/internet-services/itunes/itunesstorenotices/

Hyburnate · 19 Aug 2013 at 18:46

I'd talk to Apple, do a whois on his domain and email him.

King4aDay · 19 Aug 2013 at 20:13

Well, I've emailed the owner of the record label, we'll see what happens (probably not much).

Genoma · 19 Aug 2013 at 21:09

Also consider that the Artists might not be aware of the issue. Worth talking to them if anything to advise / educate them.

D.P. · 19 Aug 2013 at 21:11

King4aDay said:
Well, I've emailed the owner of the record label, we'll see what happens (probably not much).

If you get a reply you can try to squeeze them for some money by threatening legal action.

King4aDay · 19 Aug 2013 at 21:22

Yeah, I've basically offered them amnesty on the infringement and ongoing, non exclusive, digital only use of the image in the cover art for that one EP for $200. Otherwise I'll be lodging DMCA removal requests with the 10 music sellers I've found them using it. Doubt they'll bite, but we'll see.

King4aDay · 21 Aug 2013 at 00:39

So, rather embarrassingly I got the wrong record label

It turns out the one I'm after have a .co.uk web address, will need to find out where they're registered. Would be good if they're in the UK as it opens up the possibility of a small claims court process if they don't feel like paying up. The only contact on the website apart form email is a Brazilian telephone number though, so still not terribly hopeful!

Will be looking into it in more detail tomorrow.

EDIT - Pfff, looks like they dissolved the UK company 2 years ago and moved to Brazil, website domain is registered to what looks like a residential property. Going nowhere fast.

Genoma · 21 Aug 2013 at 22:14

If you need any help translating anything into / from Portuguese drop me a note.

King4aDay · 22 Aug 2013 at 12:51

Genoma said:
If you need any help translating anything into / from Portuguese drop me a note.

Thanks very much, that's a kind offer. I'm in email correspondence with the guy now - his English is fine so I'm OK for now.

James07 · 22 Aug 2013 at 21:58

Well, this is a fantastic read! The bit where you said you had the wrong label really made me laugh!

Whats been said so far?

King4aDay · 23 Aug 2013 at 11:55

James07 said:
Well, this is a fantastic read! The bit where you said you had the wrong label really made me laugh! Whats been said so far?

Heh. Well I suppose the exchange can be summarised thus;

Me: Hello. You stole my image, can I please have £400.
Them: We didn't know it was your image, no you can't have £400.
Me: Ignorance of copyright law or of the copyright of a particular work is not an excuse under the law.
Them: **** off.
Me: Can I please have an postal address in order to lodge small claims court proceedings?
Them:........

So yesterday I filed about a million DMCA copyright infringement takedown requests, most of which have been actioned already.

However that doesn't earn me any cash, and without a UK address there's not a lot I can do. I'm 95% sure the guy is in Brazil now anyway, and the label is no longer registered with Companies House. I do have a UK residential address to which the label website is registered, so it'd be good to try and track down a telephone number to see who lives there and if they're expecting Mr Record Label back any time soon.