u/GeoffSim

Filed a DMCA take-down, was taken down, now offender has appealed it - next? (X)

A reporter used an image of mine without consent or credit on a Twitter/X post. I asked him to take it down or credit me, but got no response. I then filed a DMCA take-down request with links to my work and Twitter actioned it within hours. Ignoring the snottogram that the reporter then sent me (hints of demanding money for his account suspension, amongst other things), he then filed a counter-claim where he even admitted it wasn't his work. Nevertheless Twitter says I have to now file a legal claim to get the image taken down permanently. The Wayback machine shows this image was on my website for many, many years so the evidence is solid IMHO.

The wording of the email implies, on the one hand, I can reply to the email. But then states I have to file the legal claim. Copyright lawyers for individuals and small companies in London (where the reporter is based) cost upwards of £1000 just for a letter. That is money I don't have. I just want to protect my copyright! Is there anything else I can do? Thanks.

reddit.com
u/GeoffSim — 4 days ago

Appeal counter-claim of DMCA take-down?

Somebody used a picture of mine that I created by hand on a tweet without permission or credit. I asked them to take it down but got no response. So I then filed a DMCA take-down request with links to the picture's source and they took down the post within hours. That should have been the end of it, could have been a mistake to use my picture, I get it, no hard feelings.

But aside from an angry email from the perpetrator heavily hinting at financial compensation, who it turns out is a hack for a big newspaper, whose account also got temporarily suspended over it (and others?), he has filed a counter-claim, saying he took the picture from a public document (which still doesn't make it legal to use but anyway). The tweet is still visible, but the media is showing as removed.

From the email Twitter sent, it seems my only option now is to file a restraining order in court to get the material removed again?! I could reply to that email ("reply above this line") but I'm not sure what happens to that. Can anyone suggest a way forward to appeal the counter-claim please? Not asking about how to deal with the individual. Thanks.

FWIW the Wayback machine shows this image existing on my business website 9 years ago and every pass since. It's an easily provable claim but easy != straightforward with big tech companies.

reddit.com
u/GeoffSim — 9 days ago