Legal Question in Intellectual Property in California

An essential part of a successful lawsuit is provable damages (at least usually; one might also go to the time and expense of bringing suit in order to get an injunction or for some similar purpose). So, tell us why you want to sue? Is the use of your photo personally offensive? Is is causing you monetary losses? Embarrassment? My point is that lawsuits are expensive and a nuisance, even for the plaintiff, and unless you can plead and prove monetary harm, the judge isn't likely to award you any damages that'd even begin to repay you for your time, even if you "win" the lawsuit.

Your blog is copyrighted material (whether you've registered or not) and you have a right to prohibit others from copying or distributing it. Under the DMCA, if you make a demand to YouTube that they take the video down because it contains your copyrighted material they will do so. The other person then is given an opportunity to show cause why it shouldn't be taken down. Look for a "contact us" link on the YouTube website for information on how to do this. It will say something like "copyright infringement" or "DMCA."

You should also send a notice to the person who posted it telling them to remove your material.

Copyright law provides for statutory damages, whether or not you have actual damages. Depending on the infringement, they can be quite sizable.