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I reported a use of my photo on Facebook and received a counter-notification. It requests that I seek federal court order. How?

Austin, TX |
Filed under: Internet law

This is the message:
"We are contacting you because we have received a counter-notification claiming that content we removed at your request was removed or disabled as a result of mistake or misidentification. The counter-notification, as well as any relevant subsequent correspondence, is included below.

Under the counter-notification process described in section 512(g)(2) of the Digital Millennium Copyright Act (“DMCA”), we will replace or cease disabling access to the removed material in 10 to 14 business days unless you notify us that you have filed an action seeking a federal court order to restrain the reported party from engaging in infringing activity on Facebook related to the material in question."
How do I do this with as little cost as possible? I only have 14 days!

Attorney Answers 3

  1. Hire counsel promptly

  2. Litigating in federal court is not inexpensive. But, contact an attorney with experience in federal court and experience with the act cited. Unless the photo is particularly embarrassing, you should really weigh the cost versus benefit.

    This post is for discussion purposes only and is not intended as legal advice. This post does not create an attorney-client relationship. If you are interested in retaining counsel, you may contact The Law Office of Daniel O'Brien, P.C. at 512-615-3580 to discuss further.

  3. Does "my photo" mean you took the photo, or that you're in the photo? If the former, and you haven't assigned (sold) your ownership rights to anyone, then you own the photo's copyright, and you can issue a "takedown" notice" and probably win a lawsuit, if need be.

    But if the latter, then the photographer, or their employer, owns the photo's copyright, and you'll lose any proceeding you start that asserts otherwise.

    As my colleague suggests a federal lawsuit is a big deal, and an expensive proposition, so you should consult counsel and not consider this a DIY problem. I'm, not sure you ever understand the copyright aspects of this issue, based on your classification of this as an "internet" question.

    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.

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