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DMCA takedown request for news story

San Diego, CA |

I am a nurse, and recently was arrested on a DUI charge. This was pled to a "wet reckless", but the nursing board is threatening to suspend my license. A local news station ran a story on my case. They used a picture of me from my website and a screenshot of my website in their story. Is this legal? Parts of the story are not accurate. Can I have my image and website screenshot taken down with a DCMA request? Thanks in advance.

Attorney Answers 4

Posted

If you own the rights to the photograph used by the news station, you may send them a DMCA takedown request.

My response is not legal advice and does not create an attorney client relationship. To hire me, you have to meet with me in person and sign a legal retainer.

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Posted

It will be hard to get them to takedown the entire story if it is accurate. IF there are factual errors that you can establish that may be a different story. If the website is discussed in the story the news organization may have a fair use defense to copyright infringement. It is hard to give more useful information without seeing how they used the images, what the images show, etc. Be mindful that if you do succeed in getting them to stop using your website photo they can get a copy of your mugshot and use that instead. Do not discuss further details here, find a lawyer through Avvo and get a consultation where you can explore your rights and remedies in detail. You should find someone local not just for convenience but because California has very strong laws protecting your right to privacy and right to publicity, so a lawyer that deals with these issues would best guide you on your rights. Good luck.

The answers given are informational only and do not constitute legal advice.

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Posted

DMCA requests really only apply to liability regarding user-posted content. So, for example, if CNN posts an article with infringing content, a DMCA request will not be effective. However, if a user posts a comment to the story that is infringing, a DMCA request would be effective.

With that said, you may still be able to use the DMCA request to have them takedown the information. Some websites also have a copyright infringement contact you could reach out to.

Again, however, if the information is true, they may not be so keen to take it down.

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Posted

Was the news story online or on the air? dMCA doesn't sound like the best legal tool for the problem to me. How about a claim for slander? Have your lawyer point out to them what facts were incorrect and ask for a correction.

No attorney-client relationship exists until a representation agreement is signed and an advance fee is paid. Do not make any decisions based on this advice without first retaining a qualified attorney and describing your situation in detail. These are just general answers to general questions, for discussion purposes, to encourage you to obtain legal counsel, and to raise issues you may not have considered.

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