A commercial website is using one of my photos without permission. What should I do?
This is a very large international company that is well-known all over the world. They are using one of my photos, without permission, to sell name-brand photographic equipment. My photo is copyrighted and it states that it may be downloaded as a desktop background, but not for any commercial use. What should I do?
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Justin Case said:
Contact an intellectual property attorney, who can work with you to confirm your rights are not in any way compromised and the issue them a cease and desist letter (which may or may not include a claim/demand for payment). Work with a large firm, if possible, as the letterhead (i.e. the name of the firm) will carry more weight to the offender.
Some recommendations:
Wilson Sonsini Goodrich & Rosati, P.C.
Baker Botts L.L.P.
Others would be top litigators (who will have IP departments):
Covington & Burling LLP
Jones Day
Greenberg Traurig, P.A.
Troutman Sanders LLP
Consultation (initial) should be free. Expect to spend between $500 and $1500 for the process, including multiple letters/responses, as necessary.
2 years, 3 months ago
Kishore Jothady said:
Legal battles are quite expensive and most of amateur photographers can not afford them. So, many of them keep quiet and such unscruplous companies take advantage of this situation. But if you can afford it and your attorney confirms that your rights have indeed been infringed and you stand to win the suit, just go ahead and hit them hard. Somebody has to hold the bull by the horns. Best thing is whenever you submit your images, have them in small sizes, at low res of say 72 dpi and insert a prominent watermark in them. This may just prevent them from stealing your images.
2 years, 3 months ago
Kristin Mitchell said:
Contact them in the first instance and explain the situation. They might offer to pay you for your image. It may also be a genuine oversight (ahem) where some junior member of staff has been asked to find something, went onto their favourite photo sharing website, and didn't appreciate the intricacies of copyright. Set a time period for them to respond to you by. If they don't resolve the issue, there are several large photography associations across the world, who can advise or help you. Build up a case, build up information, and whatever you do, log and record everything you have in terms of letters, and so on. Do you have a RAW file of the original image for example? Whatever you do, make sure you act. Don't write anything in the public domain that can be used against you in terms of what they've done.
For information, also read these stories (at least to show how sharing on photo sharing websites doesn't mean that its ok to take images from them). Ironically, photo based companies are just as guilty of this as anyone else.
Specifically AFP vs. Morel, and the architects story.
2 years, 3 months ago
Regenia Brabham said:
Make sure you get a copy of your used image. They may pull it when you contact them. Is it a registerd copyright? That makes a difference when a decision is made on damages.
2 years, 3 months ago
Betty Owen said:
Justin, thanks for your reply.
2 years, 3 months ago