I need help with writing a DMCA to get explicit photos off from a website that my ex boyfriend posted out of spite. The website states that "If you are a copyright owner and you believe the use of your images on this site is infringing in any way, please contact us immediately. We will promptly comply with any takedown demand as long as the demand meets the requirements of the DMCA. At a minimum, any removal request is required to include at least the following things:."
Are you the copyright owner? Did you take the pictures? The passage you quote applies to images you OWN (your images) not images OF you. If you're in Ithica, try contacting the Cornell Legal Aid Clinic. If you don't qualify for assistance from them, retain a local IP attorney.
I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.
Then use Avvo's "Find a Lawyer" search function and find a lawyer whose practice includes IP.
Even if someone helps you for free to send this notice, it could be ignored. Having a lawyer send the notice tells the site that you're willing to sue (even if you're not actually willing to do this) if they don't comply expeditiously, as they're required to to immunize themselves from a copyright infringement suit.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
Intellectual Property Law Attorney
As my colleagues note, you really should have your own attorney review the facts to determine if a takedown notice is appropriate and, if it is, to send the notice. If you can't afford an attorney visit the link below which explains how to send a notice. Good luck.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
Unless you are the copyright owner (i.e., the photographer or the person who hired the photographer), then you have no right to file a DMCA takedown demand. The person who merely appears in a photograph does not own the copyright.
You are trying to engage in self-help, but in truth you need a lawyer. Your ex-boyfriend may have violated your rights of privacy and publicity, and he may even have engaged in criminal misconduct by wrongly posting explicit photographs featuring you without your consent.
Of course, I am assuming that you did not consent to appearing in these photographs or their use. Your ex-boyfriend may argue that you voluntarily appeared in the photographs and did not impose restrictions on their use. Consent can be a major problem in these cases---the law is unsettled regarding "revenge" postings on the internet by ex-boyfriends/girlfriends/spouses.
Let's be practical , however. Even the law is unsettled, it is clear that you need a lawyer to deal with this. In most situations, a stern letter from a lawyer is sufficient to solve problems like this. I have resolved several such cases on behalf of celebrity clients who find the photographs from youthful indiscretions are proliferating on the internet. You need to retain legal counsel if you want to deal with this successfully---self help will not work.