Liability & Legality

**Nica** · 08-06-2006, 05:19 PM

http://www.pimpmaspace.com/layouts.php/cat=8

A TFer I talked to months ago went and found all my rap MySpace layouts and decided to go over my "MySpaceStop.com"s and use them on his site...

The site is http://www.PimpMaSpace.com , most of the Rap ones are all mine with his site's name stamped over my **** MySpace backgrounds...

I want to know, anyone knows this guy? I talked to him on AIM months ago thinking he was just some other nice guy trying to get ideas and discuss sites...

Im pissed off. Im sure hes had these for a while now. Can I press charges?

What can I do other than e-mailing him to take them down? Should I contact his host?

It's bull**** that hes getting money off of **** I paid hundreds of dollars for... and that I spent alot of hours on... I'm sure I can do more than just get him to take them down since I bet he has been getting nice checks off of them.

Worst thing is I haven't even released them myself on my site...

**imported_mattd** · 08-06-2006, 08:54 PM

If you are the copyright holder contact his host and ask for the offending files to be removed, then take it from there.

**Nica** · 08-06-2006, 09:20 PM

Sorry for the post sounding vulgar and the title calling him a fag, I'm very aggrivated...

I tried contacting him on MSN and he denied to owning the site, which is obviously false...

Nica says:
Hey...
Ferrarislave says:
hey
Nica says:
Can you please take my layouts off your site?
Ferrarislave says:
?
Nica says:
Before I have to talk to my lawyer(s)
Nica says:
Nica, MySpaceStop.com
Nica says:
Talked to you on AIM, showed you my layouts.
Ferrarislave says:
which site are you talking about?
Nica says:
Then you decided to steal them?
Nica says:
PimpMaSpace.com
Ferrarislave says:
thats not my site
Nica says:
Yes it is...
Ferrarislave says:
i sold that site a month ago
Nica says:
Common man, I'm not dumb, I need my layouts down ASAP...
Nica says:
Then why are my layouts on it?
Nica says:
When you were one of the few people who have seen my layouts...
Ferrarislave says:
i never saw ****
Ferrarislave says:
you posted all over forums
Nica says:
Can you give me the new owner's contact?
Ferrarislave says:
support@pimpmaspace.com
Ferrarislave says:
is all i know
Nica says:
Your AIM is CaptainDirty812 , I talked to you on AIM under Da Nica 09
Ferrarislave says:
right
Ferrarislave says:
this was in may
Ferrarislave says:
i wanted to buy some layouts from you
Ferrarislave says:
never did
Ferrarislave says:
and sold the site
Nica says:
But how did my layouts get on there?
Ferrarislave says:
again, i dont know, i dont own the site
Nica says:
Okay, if you sold it, you would atleast have a forum username, e-mail, or instant messenger.
Nica says:
Im not joking one bit when I say I am going to get a lawyer on this because there is hundreds of dollars worth of layouts on the site, and the site looks like its getting money...
Nica says:
All your domains are private... so this is the only contact I have
Nica says:
On your MySpace it reads you're the owner of PimpMaSpace.com...
Ferrarislave says:
ya
Ferrarislave says:
neec to edit that
Ferrarislave says:
*need
Nica says:
Please don't play games with me man, I spent alot of money on this, and I'm not scared to press charges...
Nica says:
Afterall, I have contact to all my designers, and the original PSDs and original JPGs

**Fredto** · 08-07-2006, 03:51 AM

I do have a question, however.

The images you used to create your layouts, I suppose you took 'em on da intarweb? I doubt that you payed a professional photographer to take pictures or some rap dude.

If you yourself don't own the copyrights of these pictures, I'm not sure you can press any charges without being prosecuted yourself. I am not lawyer, but I doubt it's legal to claim copyrighted material as your own

The arrangements of the codes and everything might be your property, though, that I'm unsure.

**Nica** · 08-07-2006, 03:56 AM

He took my backgrounds, which are "fan art" that were custom made for me by my designers, and some which were made by me.

I'm assuming he has no right to take them, stamp his site name over mines, and then use them on his site to gain money from them...

Anyways, I have an idea on what I need to do from advice I've gotten on various forums...

I'm not just gonna let someone use stuff I paid hundreds of dollars for and just run with it for free.

**imported_Luke** · 08-07-2006, 06:08 AM

This is a difficult situation, are you 100% sure that he is still the owner? It does seem unlikely that he sold but he could be telling the truth.

I think in a situation like this you really need to contact the sites webhost and ask for the files to be removed and make sure they know they are hosting stolen material on their web servers and lawyers will be contacted if needed to discuss further action. DO NOT threaten the webhosts but make sure they know you will look into filing a law suit against them as a future possibility. I think if it bothers you that much about your content being stolen then dont make it. Myspace is ultra popular and so easy to make money off that kids are getting involved and ripping/stealing content. It comes with the job

either get used to the risk of it happening or dont release your work.

**pcdoc** · 08-07-2006, 08:34 AM

Then I am to assume that you have tens-of-thousands of dollars to underwrite your lawsuit against the defendant.

And the other party owns tens-of-thousands of dollars of assets against which you might be awarded a judgment for which you will probably have to spend tens-of-thousands of dollars to collect.

That's our legal system.

**imported_mattd** · 08-07-2006, 03:43 PM

Its nto worth getting the lawyers involved until you've tried different routes to try and get the content removed IMO. If you just throw a court case at someone before you've given them a chance to sort out the problem, it wont look good on you in court.

**Slevin** · 08-07-2006, 04:05 PM

Get a lawyer to writer a threatening letter to the hosting company, sack talking to the guy. If hes on shared hosting then the host will most likely suspend his account.

**MistaJohn** · 08-07-2006, 04:26 PM

Fredto is correct - You have no case because you didn't commission the original photographs or have a license to use the images - you or anybody else has no right to sell products that depict a celebrity unless you are in contract with that celebrity.

But hey - 50 Cent has a case against the guy though.

**NavySeals91** · 08-07-2006, 07:00 PM

You may have to file wipo to get the contact name or subpoena the registrar. The subpoena (or however you spell it) would be the easiest way, get his contact info and file suit. Or send posion pen letters threatening suit. That would be the easiest option.

**NavySeals91** · 08-07-2006, 07:03 PM

Quote:

Originally Posted by MistaJohn

Fredto is correct - You have no case because you didn't commission the original photographs or have a license to use the images - you or anybody else has no right to sell products that depict a celebrity unless you are in contract with that celebrity.

But hey - 50 Cent has a case against the guy though.

This is loose and more or less a bit incorrect. I am not being a jerk just saying it is wrong. In theory it sounds right. You can take pictures of whomever you want to and they can't do squat. If this what you're agreeing on is true then tabloids infringe copyrights, millions of fansites infringe copyrights, people who use it on their computer and view it are violating copyrights.

EDIT: Tupac is dead anyways so the intellectual right is gone I believe. I am no lawyer though

I doubt the site owner would get in legal trouble.

**imported_mattd** · 08-07-2006, 07:49 PM

Quote:

Originally Posted by NavySeals91

This is loose and more or less a bit incorrect. I am not being a jerk just saying it is wrong. In theory it sounds right. You can take pictures of whomever you want to and they can't do squat. If this what you're agreeing on is true then tabloids infringe copyrights, millions of fansites infringe copyrights, people who use it on their computer and view it are violating copyrights.

I think the point was that the original pictures of the people are not the OP's copyright anyway - i.e. the OP has been making unauthorised infringing derived works on the original copyrighted material, therefore he doesn't have a leg to stand on as he has no copyright.

E.g. consider if you were a software pirate who released software onto the net, then some other software pirate "stole" your release and claimed it was theirs - it wasn't yours in the first place so you cant legally do anything about it.

Still this is all just conjecture - the OP might have the copyrights on the original professionally shot photos ... who knows!

**Hobbit** · 08-07-2006, 11:21 PM

coughwatermarkcough