Normally these issues are resolved with a DMCA takedown notice but in this case that didn\u2019t work.<\/p>\n
Last year, Pierson noticed that the Facebook account \u201cTrusted Tech Tips\u201d had used one of her works, a photo of Rhode Island politician Robert Nardolillo, without permission. When she requested Facebook to remove it, the company chose to leave it up instead.<\/p>\n
\u201cHi-, Thanks for your report. Based on the information you\u2019ve provided, it is not clear that the content you\u2019ve reported infringes your copyright,\u201d the Facebook representative wrote in reply.<\/p>\n
\u201cIt appears that the content you reported is being used for the purposes of commentary or criticism. For this reason, we are unable to act on your report at this time.\u201d<\/span><\/p>\n According to the Rhode Island-based photographer, Facebook failed to comply with the takedown request and can\u2019t rely\u00a0on its safe harbor protection.<\/p>\n \u201cFacebook did not comply with the DMCA procedure on taking the Photograph down. As a result, Facebook is not protected under the DMCA safe harbor as it failed to take down the Photograph from the Website,\u201d the complaint reads.<\/p>\n \u201cFacebook infringed Plaintiff\u2019s copyright in the Photograph by reproducing and publicly displaying the Photograph on the Website. Facebook is not, and has never been, licensed or otherwise authorized to reproduce, publically display, distribute and\/or use the Photograph,\u201d it reads.<\/span><\/p>\n The photographer is not new to these types of lawsuits. She has filed similar cases against other outlets such as Twitter. The latter case was eventually dismissed, likely after both parties reached an agreement.<\/p>\n In the present case, Pierson requests a trial by jury but it wouldn\u2019t be a surprise if this matter is settled behind closed doors, away from the public\u00a0eye.<\/p>\n A copy of the complaint against Facebook is available\u00a0here (pdf)<\/a>.<\/em><\/p>\n Source: \u00a0![\"\"](\"https:\/\/torrentfreak.com\/images\/facebookreply.png\")
<\/center>The takedown notice was sent March last year and the post in question\u00a0remains online<\/a>\u00a0at the time of writing, with the photo included. This prompted Pierson to file a complaint at a New York Federal Court this week accusing Facebook of copyright infringement.<\/p>\n![\"\"](\"https:\/\/torrentfreak.com\/images\/trustedface-e1547653152128.png\")
<\/center>The short five-page complaint accuses Facebook of copyright infringement and Pierson requests compensation\u00a0for the damages she suffered.<\/p>\n![\"TorrentFreak\"](\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\")
<\/a> TorrentFreak.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"