When you are looking for a way to remove your illegally used photos from the web, you should think about 2 really helpful friends: DMCA and GDPR. Those friends have quite bizarre names, but they are powerful enough to enforce removing unwanted content that violates your rights. Think of them as 2 superheroes with different powers: GDPR can protect your violated personal image rights, while the DMCA can objectively point where your rights as an author have been infringed. They use very similar weapons that are called “Takedown Notices”, which are official requests sent to the website’s administrators demanding to remove the illegal content. Like superheroes, GDPR and DMCA are not there to save the whole world but, when needed, they serve individuals and fight for their rights. However, now it’s time to stop thinking about GDPR and DMCA as superheroes, because, in fact, they are really serious legal acts.
How am I protected by GDPR?
GDPR stands for the General Data Protection Regulation and it is a European Union law. However, the protection standard set by the EU is also respected in many countries outside of Europe. GDPR automatically protects every EU citizen, regardless of the member state (country) they are living in. The main idea that stands behind GDPR is the right to erasure, also known as the right to be forgotten. By this law, you have the right to obtain the erasure of personal data concerning yourself and the website’s administrators have the obligation to comply without undue delay.
How am I protected by DMCA?
DMCA stands for the Digital Millennium Copyright Act and it is one of the most popular copyright laws around the world. It is an official copyright law of the United States, but it is based on regulations set by the UN’s World Intellectual Property Organization. DMCA focuses on your rights as the author of the photo, which protects your work and so, if someone steals it and publishes it without your consent, you have the right to enforce its removal. Invoking your copyrights is a really useful method of removing content because it is straightforward and quite easy to prove that it is your rights that have been violated.
What is needed to send Takedown Notices?
For both GDPR and DMCA Takedown Notices you have to provide your personal data (name, surname, address, and phone number). A photo of yourself to confirm your identity is not necessary, but it might be very helpful. In the GDPR Takedown Notice, you also have to confirm your identity with a scan of your ID or passport. For safety reasons, the scan of your document should have all the data besides your photo, name, and surname censored (blurred or covered). Learn more on how to anonymize your documents.
In the PimEyes’ “PROtect Takedown Notices” service we send both GDPR and DMCA Takedown Notices on your behalf, so please fill in our form with all the required data.
Why invoke both DMCA and GDPR?
We have noticed that duplicating requests and invoking different violated rights enhances the effectiveness of removing the unwanted photos. Some website administrators react better to the DMCA Takedown Notices, while others - to the GDPR official request.