Posted on 12/05/2007 5:31:58 AM PST by Red in Blue PA
I posted some bad poetry and a picture of myself on a poetry website about 12 years ago when I first got an internet account. I wanted to see if I could upload pictures etc. It worked. It should be noted that when I uploaded the poems/pictures, I did not see anything relating to a $5 charge for change for removal of each item, as is the policy today. I simply would not have done it if that had been the case.
Well, today I did a search and just found out that they are all still up, along with my picture. So I emailed the person running the website, and asked him to remove the pictures. He responded in an email that he would remove them for a $5 charge for each one. He clearly is keeping them up against my wishes, after I asked him to take them down. What does the law say on this? What steps can I take to get my image removed, along with bad poetry I do not was ascribed to me?
What about the takedown provision of the DCMA? Would this work? Any lawyers in here? Or webmasters?
TIA
(Excerpt) Read more at dreamagic.com ...
The link above is the site in question.
It depends. If the site said any uploads/posts become their property and you agreed to it, you can’t do much legally.
I also doubt that you can take legal action for less than $5. It will be hundreds or thousands in fees and expenses.
I wouldn’t worry about it. That site looks like it gets about 5 hits a day and most are probably angst ridden emos.
LOL. True.
But my image is there, and I do not want that associated with that site anymore.
If he does not have proof that I submitted the picture and the poems, can he still keep them up, if I ask him to remove them? I did ask him for proof and he said it was incumben upon ME to provide it!
I’ll send you five bucks if you post your poetry here in breaking news. :)
So pay the $5 and have him remove your photo.
Re: If the site said any uploads/posts become their property and you agreed to it, you can’t do much legally.
I asked him for proof I uploaded these 12 years ago and he would not (could not?) provide it. I also want proof that these same “terms” were in play 12 years ago......I would never have submitted if this was the case.
What if he wanted $100? Should I have to pay him then?
Wher eis the line drawn? I made it clear I do not want my image used and that should be enough.
TTIWWP!
I was engaged to a lawyer once. She said her favorite clients were the ones that were “right”.
Unfortunately for you, now you have posted proof here on FR that you did upload it on that site. All that the owner has to do is trace your footsteps back here, to show proof of you admitting to have uploaded there.
Whatever you say, do or type, will be used against you!
:^)
Does he host his own server, or does a service provide it?
If a service provides it, you might complain to the service provider.
Mark
Hey, if you don’t think it’s worth $100, or $20, or even $5 to have it removed, then don’t pay it. But as a previous poster said, if you turn to the courts you’ll be paying a lot more than that.
I sent a complaint to the company which hosts the site, but have not yet received a response.
What can be used against me? I asked for proof I uploaded the pictures. That is all. If he cannot provide that, then he should take them down if I request them taken down.
Surely there are inexpensive ways to get one’s image taken down from a server. This should not be difficult.
I was hoping some people may have experienced this themselves.
Seems to me you provided the proof he needs with this post.
Okay then let me spell it out for you. This policy was probably not in effect 12 years ago, so if it was changed (or if it was in fact in place), he should be able to tell me. Well he cannot, or will not, show me the TOU for 12 years ago. And I would NEVER in a Million years have submitted pictures to a website saying there is a $5 removal charge. Hence, my guess is he changed the rules somewhere along the way.
If he provides the proof, do you agree it is a valid charge?
You admitted you uploaded them. You know you did it. Why not pay the $5 and move on?
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