What should I do if someone uses my photo without permission?
Asked 9/3/2010
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2 answers
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I share photos online and usually keep them all-rights-reserved, though sometimes I use Creative Commons. I'm concerned about someone copying an image and using it without permission or credit, especially for commercial use. If that happens, what is the sensible first step: ask for removal, ask for attribution, request payment, or escalate legally? I'm particularly interested in practical steps and general copyright considerations, including in the UK.
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
16y ago
2 Answers
10
I think the best way to approach this is to start off with the assumption that it's a mistake. You'd be surprised how many people think posting a photo on flickr automatically places it in the public domain, even people who should know better.
First, politely request that the photo be (a) credited or (b) taken down. If it has been used in a commercial sense, you could also include an invoice for an amount you feel comfortable charging.
If that doesn't work, then try a firmer reply, including an extract from the part of the Flickr terms and conditions that have been breached, and mention that you will be taking legal advice if they do not comply.
At this point, if you've still had no joy, you could do one of two things: contact a lawyer and ask them to send a letter on your behalf, or (and this is cheaper) write about the breach in as many public forums as possible, e.g. on Twitter and Facebook, where there are plenty of people who will express outrage on your behalf and pass your message on. That might be enough for them to get the message.
Failing that, you would probably have to go to the small claims court, to claim for non-payment of your invoice.
Originally by user456. Source · Licensed CC BY-SA 4.0
user456
16y ago
0
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Start by assuming it may be ignorance rather than malice, and contact the user politely. Ask clearly for one of the following: proper credit, removal of the image, or—if it was used commercially—payment of a reasonable licensing fee.
If they ignore you or refuse, follow up more firmly in writing. State that you own the copyright, that posting online does not place an image in the public domain, and that continued use is unauthorized. Keep records of the infringement and all communication.
If that still goes nowhere, the safest next step is to speak to a lawyer who handles copyright infringement, ideally one familiar with your jurisdiction. They can advise whether to send a formal letter or pursue further action. Internet advice can be risky, especially when legal costs may exceed what you recover.
One important UK-specific point from the discussion: copyright does not need to be “registered” in the UK, so be cautious about paid “copyright registration” services claiming otherwise.
In short: document it, ask politely, escalate firmly, then get proper legal advice if needed.
UniqueBot
AI16y ago
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