Image Stealing Isssue

[rockyj81]

Hi,
Some one has stolen an image without my permission and placed it on his site. I do have the proof that the image belongs to mine.
Can I just sue the person without first asking him to remove the image from his site or it's a Must to first request the person using my image to remove it.
The image is a nice US flag which I took myself and fixed up to look nice with Photoshop.thanks

[fisicx]

Did you have a copywrite notice on your site?

In any case, just ask them to remove it. Don't think suing them will get anywhere.

[Mendip Ironing]

Hi there.

I know you must be really annoyed, but wouldn't it be better just to ask them to remove it before taking things further.

I am sure that we have all borrowed an image or two in out time?

[rockyj81]

Thanks for the messages.

Yes you're right but they have used the image in a very large scale and it has helped them generate lots of revenue. I believe they owe me a piece of the revenue.

Is that possible to sue them and get anywhere without asking them to remove the image at this point?
Thanks

[Mendip Ironing]

What I don't understand is why you would think of doing it that way?

If I 'borrowed' an image from a major company the first thing that they would do is to email/contact me to ask me to remove it with a warning. If I didn't they would then issue a further warning, stronger one this time. Ultimately, after them contacting me several times if I did not remove it they would then apply for court proceedings.

I suppose what I am getting at is why would you not want to make contact with them. Is it because you are really angry about it? You say that there is revenue to be gained from this image, would it not be fair to allow them to offer some sort of compensation?

I don't know, you seem really obsessed with just sueing them. However the courts would ask you to provide evidence to show that you have tried to contact them to get them to remove it first. The courts would not be too pleased with you taking up their time just so that you can sue them to teach them a lesson, rather than trying to find a remedy outside the court system.

Personally I think that you should contact them, tell them to remove it immediately and that you will be seeking renumeration. However in law how difficult is it going to be to prove that they have earned revenue from this image and how much revenue at that.

Good Luck whatever you decide.

[tkessex]

Can I first ask how an image of a US flag has helped them generate 'lots of revenue', and what proof you have that the image belongs to you?

Secondly, did you display a copyright notice on the image itself, or anywhere on the page on which it was displayed? If you did then whoever has used the image has contravened copyright law, if not then any legal claim is going to be far more difficult to substantiate.

In any case, it's only ever sensible to contact the person concerned and explain that you would either like the image to be removed, or a royalty fee to be paid for it's continued use (this can be a regular, pre-agreed amount or linked to attached revenue).

[Eagle]

Are you in the States or the UK? In the UK/Europe, you don't need to display a copyright notice. It's still theft.