5 options when someone uses your photo without permission
So someone has used your photo without permission, now what?
There are several action you can take if someone is using your photo without permission.
#1 Do nothing
#2 Send a request for photo credit
#3 Submit a DMCA Take-Down Notice with their Internet Service Provider
#4 Hire a lawyer to send a demand letter/ Send a cease & desist letter
#5 File a Copyright Infringement Lawsuit
1. Do nothing
The easiest thing you can do is NOTHING. Which is what most people do. However, if you are establishing yourself as a brand this is not something I would recommend doing
2. Send a request for photo credit
Like I mentioned, if you are starting a brand, one of the best ways to do that more quickly, is when you allow people to use your photo provided they give you credit. If credit wasn’t originally given you can send the infringer a letter or quick message requesting that they follow your parameters that you outline or be subject to a copyright infringement lawsuit.
The parameters I would suggest but your totally not limited to is:
1. Add your social handle in the post
2. Provide a link back to you blog or website
3. Use particular language in the post to high light what your services are.
3. Submit a DMCA Take Down Notice
the U.S. Digital Millennium Copyright Act(DMCA) enacted in 1998, provides that Internet Service Providers (ISP) that host a website that is infringing on someone copyright remove infringing materials once that receive notice of a violation. Most ISP’s have an easy to use form on their websites for you to submit notice of each violation.
4. Hire a lawyer to send a demand letter/ Send a cease & desist letter
If you don’t want just credit alone or don’t want your image aligned with the infringer this is the best next step. A demand letter can be used if you’d like compensation for the commercial use of your photo. A cease & desist letter is great if you’d just like the photo removed from their site or social media account.
5. File a Copyright Infringement Lawsuit
The very last resort would be to hire an attorney and file a copyright lawsuit. However you’ll need to make sure you’ve actually filed for you copyright registration before your able to file a lawsuit. A lawsuit can be extremely expensive but lucrative if you can prove that the infringer has made a profit or you’ve lost profits from their use of your photo.
As always if you have any question or in need of a consultation you can sign up for one here.