A Brief Overview of Copyright Infringement; Image Theft

I was asked recently; what to do in a case where a photo belonging to its original creator is used by someone else without permission. In our digital world; image theft is becoming increasingly rampant. Taking immediate action when your photo has been stolen, understanding the basics of copyright and being apart of photography organizations, groups and communities will protect you.

Firstly; document the theft. Take screenshots, photos and organize them in a compiled folder with dates, and any other information. The Wayback Machine is a website that enables you to see how far in the past the images have been on a webpage.

In many cases a photographer may offer a copyright buyout, or settlement based off pro-rated usage and usage price. When confronting the thief in this case; I would advise to escalate things slowly.

Contact the person or company who has infringed on your rights, and simply ask for them to remove it, pay for it (lease or out right), or provide a backlink. Try to look at this from a professional point of view and look at all the options that could or could not benefit you.

Make sure you do not immediately accuse them of anything, especially without every factual detail included; moving forward any contact can be used in court as documentation.

In the next step; you will have to send a formal cease and desist letter to the infringer. Importantly; draft this letter carefully. This letter is to inform the offender to stop using a material by a certain time, shows all instances of infringement, and explains what will happen if they do not comply.

If the offender does not comply; you could file a DMCA directly to the internet service provider and the webs hosts. Companies like Amazon and other big businesses usually have a takedown form but to find other website’s hosts; check out whoishostingthis.com and file the DMCA with them. Worst case scenario; consult with a lawyer about the next legal steps.

Lastly are some tools, and organizations utilized by commercial photographers to protect their work; Professional Photographers of America, American Society of Media Photographers, Pixsy - Image Monitoring Software. Also look in Facebook groups for communities of commercial photographers, good Luck!