Clickbank Seller Illegally Using Photo of Me

Quite the contrary - unless you're a public figure, you own your own likeness rights, so unless the violator has a signed photo release, he needs to take it down.

Sic the DMCA on him.

John

Assuming you use your own image in a few known places at
your sites you could replace the links to them with links to
a COPY of your image.

So this person's site will presumably be the only site
linking to the original.

You then replace the original with a nasty graphic of your choice
e.g

"The owner of this site is a ..."


Harvey

LOL I was wondering the same thing. I wouldn't mind if someone did that for me. That's free exposure and you are gaining credibility, so it's all good.

Good question - personal reasons

Welcome to the forum Ann! You might want to check your signature if that is an affiliate link

John,

I had someone steal my entire website once as well as use my name on articles that this person had taken from cnn.com and other big news sites.

I sent a formal DMCA takedown notice by snail mail and email to the CEO of the infringing site's webhosting company. The infringing site was taken down immediately.

Here's the type of legalese I used. You may be able to modify it for your own use, although I want to make it clear that I'm not a lawyer and I'm not giving legal advice.

This letter was addressed to the CEO of the webhosting company...

--quote--

Re: Unauthorized use of [insert your url] materials on [insert url of infringing website]

It has come to my attention that one of the websites hosted on [insert webhost company name] servers, [insert url of infringing site], has reproduced copyrighted materials from [insert your url] without permission.

The stolen material is [insert specific description of material and your url where it can be found].

The infringing piece(s) appear on [insert url of infringing website] at [insert link to infringing material].

I believe this situation is very serious as the infringing use [state the reason why it's a problem... I said the infringing use supplants demand for my original work, which interferes with my ability to generate advertising and other revenue.] This may put your web hosting company in a position of potential liability; because you own this IP address, we request that you immediately do the following:

1. Disable access to the site engaged in the conduct described above; and

2. Take appropriate action against the account holder (if other than the individual whose access has been disabled) under your Abuse Policy/Terms of Service Agreement.

Under our reading of Section 512 of the Digital Millennium Copyright Act (DMCA), we believe that web hosting companies are required to "expeditiously" take down the offending material, notify the alleged infringer that the material has been removed, and forward any counter-notices from the alleged infringer back to the complainant. Based upon the foregoing, we hereby demand that you confirm to us in writing within fourteen days of receipt of this letter that you have removed all infringing materials from your servers, including the aforementioned material.

In addition, in the case of ALS Scan, Inc. v. Remarq Communities, Inc., the court found that the copyright owner did not have to identify all of the infringing material, but only substantially all of the material. I believe that this shifts the burden of identifying the material to your web hosting company and should encourage you to err on the side of removing the allegedly infringing material.

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

I will follow up this email with a hard copy to your address which I have been given as:

[insert CEO's name and snail mail address]

The foregoing is without waiver of any and all rights of [insert your name] or [insert your company name], all of which are expressly reserved herein.

Very truly yours,

[insert your name and full contact info]

--end quote--

There's a good explanation of the DMCA Safe Harbor Provisions at FAQ about DMCA Safe Harbor Provisions -- Chilling Effects Clearinghouse

Again, I want to give you a disclaimer that I'm not a lawyer. So I'm not giving legal advice here, just an example of what worked for me when the contents of my website were stolen.

There's also a Sample DMCA Takedown Notice posted at
Tracking the Trackers: Sample DMCA Complaint

Good luck.