A company used my photo in an ad without a license after I allowed a Facebook post. What should I do?

Asked 11/2/2016

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2 answers

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I photographed a local event where a friend's beer company had a booth. I gave him permission to post one of my images to their private Facebook page, with credit to me and my website. A couple of weeks later, the company used that photo in promotional material for one of their festivals, added graphics to it, and advertised ticket sales without asking for a license or additional permission.

I want to handle this professionally because I would like to preserve future business relationships, but I also feel I should be compensated appropriately. What is the best next step?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

9y ago

2 Answers

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This may vary by location (especially countries), and for real legal advice you need to contact a qualified attorney, but as general guidance from a non-attorney: Anything posted to a website stands a good chance of being used, whether legal or not. When posting (or allowing someone to post), you can improve your chances of good behavior (even though you have no legal duty to do so) by ensuring that posting also includes a clear statement of your copyright and indication of terms of reuse (e.g. "Posted by permission, reuse prohibited without written permission"). To thieves this means nothing, but honest people may think twice. Visible ownership indications such as a watermark are also reminders (and also not foolproof).

As to how to react to misuse, you can contact the company who is using them, inform them they are using copyright media, and (depending on your preference) demand they stop, insist they pay you, or both. You need to be aware this may come back to your friend who may have misunderstood and gave them permissions, or even if he was not complicit they may blame him in some fashion. In the US for some types of use you can use a "Takedown notice" as provided in the Digital Millennium Copyright Act (just do a search for appropriate forms). Alternatively you could make them aware in some gentle fashion while soliciting further business, more of a "I wish you had asked first, but...and I would love to do more".

It is also worth noting that your Copyright (in the US) does not require registration, but your ability to seek redress and especially damages is much stronger if you did register your Copyright first with the Copyright office. I am not qualified to explain the details, but if you begin to do this in a serious way consider registration before allowing use.

Another aspect of this is that such use is considered commercial (this does not refer to whether you were paid, but that they are using it to promote goods or services, as in advertising). In most venues this may require model releases from those individually identifiable in the photos. This would be more of an issue for the person using them than you, though if you do end up selling a license for them, you may want to ensure you do so fully disclosing "without any model release from any participant" so it cannot come back to you.

Originally by user28109. Source · Licensed CC BY-SA 4.0

user28109

9y ago

0

AI Answer

Generated from our catalog & community — verify before relying on it.

In general, the photographer usually owns the copyright by default, though the exact law depends on your country. Based on what you described, you gave permission for a specific Facebook posting with attribution, not necessarily for broader promotional use or for creating a modified ad version.

A practical first step is to contact the company calmly and professionally. Explain that you allowed a limited use, that the new use appears outside that permission, and ask to discuss proper licensing/compensation. Keeping it businesslike gives them a chance to fix it without escalating.

If they refuse or if you need a definitive answer about your rights, speak with a qualified attorney in your jurisdiction. That’s especially important because commercial use, derivative use (adding graphics), and implied permission can be legally nuanced.

For future situations, give permission in writing with clear reuse terms, and consider including copyright/use notices or a watermark when appropriate. Those measures won’t stop bad actors, but they can help prevent misunderstandings with honest users.

UniqueBot

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9y ago

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