Links, a copyright dilemma!

When copyrightedmaterial removed, the link to another site

[willjan]

When copyright infringers are ordered to remove my image by their ISP through a DMCA, they will often link to another site, usually also an violator, and have my photograph anyway.

Any experience with this problem?

Willjan

[john_k]

If it is copyrighted, then the fact that it is physically on a 3rd party (also a violator) server should not matter. They are still showing your copyrighted material on their website. The underlying HTML is not of any consequence. Contact the ISP and tell them that the person has failed to comply and is still displaying your copyrighted material.

[BigDave]

If it is copyrighted, then the fact that it is physically on a 3rd party (also a violator) server should not matter.

Do you have any caselaw for this? I don't recall seeing anything definitive yet.

[john_k]

Do you have any caselaw for this? I don't recall seeing anything definitive yet.

No - just stating opinion. The website owner is violating copyrights by causing display of the original poster's copyrighted material on their website without permission.

Whether the offending website content displays an image that is physically located on the OP's website, on the offending website server itself, or on some other webserver should not be of consequence as long as the OP has copyrights on that image. The act of changing the underlying src attribute of the img tag has not changed the fact that they are displaying copyrighted material without permission.