legal disclaimer: note in advance: I am not an attorney, and could
be full of cr-p. that said:
I have been effectively enforcing copyright issues on my own behalf
for some time now, maybe 20 years.
some of the copyright enforcement stories are what you would expect:
one guy uses a photo, we contact him to say stop, and he does. this
is much easier as the years pass, as we now have a track record, of
public record, showing enforcement 20 or so times. I had to make
such a call to a would be customer Friday of last week; the matter
was resolved within 2 hours, no big deal.
some of the stories, you just have to shake your head at: employees
of a fortune 25 company, stealing photographs for a project! and
then publishing them! once we realized that, yeah, they were actually
doing this, we simply contacted the chief counsel of their lobbying
firm in washington, dc, pointed out that “there was simply no way
that they could be ignorant of the issues”, and the photograph, and
the employees, were removed within the afternoon.
So, to stand up for yourself on this Internet issue, we will go
through the easy way, and the hard way. try the easy way first,
however you have to be prepared, mentally at least, to do the hard
way if the easy way does not work.
easy way. LCSW is usually a licensed social worker. these are
caring people, medical providers, sounds like she is trying to help
out her patients. probably is unaware of your right to use the
names. probably will be horrified to learn that she has caused you
any discomfort. Maybe even, eventually, will want to sell some of
your stuff. we have a story about that situation too.
send her an email, a day or 2 later, call her, and simply say"
hey, knock it off." you might even suggest another name for her to
use : “mothers care beads” “maternal awareness” whatever
however, if #1 and #2 don’t work, say, within 36, maybe as many as
48 hours, then you do it the hard way:
a) use the "whois’ website to find out who the administrator of
their website is.
b) next, go after the website service provider - they will react
quite promptly to an issue, if it is indeed a legitimate copyright
issue. most of the service providers, somewhere in the fine print of
their contract, allow them to cancel service, i.e,e, web hosting,
c) the website provider does not want to be involved in this,
especially if you are right. we have another war story, again
corporate counsel, again a telecom company, in the middle of merger,
who agreed with us, and canned the offender who refused to pull down
long story short: stand up for yourself, in most cases all it takes
is a phone call or an email; the offender probably simply is unaware
of your name, and will remain unaware until you tell them.
your results may vary
Mark Zirinsky, Denver