Ann Dieleman will have the last laugh on this one.

Posted on Jan 04, 2014

Here is the news story and I applaud Ms. Dieleman for going after this website. She ought to sue the website hosts and the commenters for intentional infliction of emotional distress along with invasion of privacy. Those commenting appear to have the IQ and temperment of high school freshman.

ARAG exec sues to get her photo off sexy executives website

By Kent Darr

Google Inc. violated federal copyright laws when it allowed a photograph of an executive with Des Moines-based ARAG North America Inc. to be posted on a blogger's website it hosts, according to a lawsuit filed in federal court in Des Moines.

The lawsuit was filed on behalf of ARAG, a firm that provides legal insurance, and Ann Dieleman, the company's chief marketing officer. Dieleman is a graduate of Simpson College and Drake University. Her office is in Kansas City, Mo.

At issue is a head-and-shoulders corporate photograph of Dieleman that was posted in 2009 on the website The website posts hundreds of corporate photographs and seems to invite unflattering comments about those photos. The website is the first that returns under a Google search for Ann Dieleman.

The photograph in question was taken in December 2005. Des Moines intellectual property law attorney Brett Trout registered the photo for copyright protection on behalf of ARAG in January 2013.

Trout notified Google on Sept. 11, 2012, that it was infringing on ARAG's copyright by allowing the photograph, titled "Dieleman Head Shot," to be posted on the Sexy Executives website.

Two weeks later, Google replied that it would not remove the photo and warned Trout that he would be "liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights." The email was signed "The Google Team."

Google also claimed that photographers, not their subjects, generally are the owners of their pictures, unless that right has been waived in a contract. The Web giant also said, "We encourage you to resolve any disputes directly with the blogger."

Trout responded: "The fact that you are aware that 'Under U.S . law, copyright in a photograph is generally owned by the photographer' indicates you are on notice that you are hosting infringing material on website. We view your multiple and ongoing refusals to remove the infringing material as willful copyright infringement on the part of Google."

As of today, the photo remained on the Sexy Executives website.

"My experience is that Google just does whatever Google wants," Trout said.

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Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death