Legal Question in Intellectual Property in California
A website www.klout.com has created an account in my name and has loaded my image taken from my twitter account without my permission. Since I didn't give them expessed authorization to do so, isn't that copyright infringement supported by the DMCA act? One of their reps is trying to say that since it pulls from twitter (hotlinking) they are covered but I don't think that is accurate. It should make no difference if they use hotlinking images vs. actively downloading then uploading to take photos without consent. If I'm right and klout wont pull the image, does twitter have authority to intervene or will I need to go to klouts host to submit the dmca? thank you
1 Answer from Attorneys
An interesting question, and I don't know the answer or whether it has gone to an appellate court yet so that an answer exists. Both your side and klout's can be argued intelligently.
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