Copyright - What can you really do about stolen images?

[Joel Eade]

It certainly is not easy to chase these crooks but on the other hand they will continue to steal until someone at least slaps their hands.

Denise, I think it might be worthwhile to invest a little of your photography income on a consultation with an attorney who is experienced in copy right and intellectual property law. You might at least get an expertly written letter you could send to these offenders and you also might run across an attorney who would consider action on a contingency fee basis.

[HDNitehawk]

Denise

My understanding is that how they use your photo matters.

Your first course is to send a Cease and Desist letter. There are several templates you can find on line yourself. You can send these yourself. I wouldn't bring in an attorney until you get no satisfaction yourself. If you bring in an attorney later it shows that you are a reasonable person, you asked these people nicely to stop. It wouldn't be out of line to them a bill if they want to keep using your work.

If you choose to pursue it you can do it with an attorney or pro se. My understanding is that to sue and get damages you would have to directly been harmed.

Keep in mind that the judicial system is supposed to be fair, with that in mind someone that takes your name off your picture and posts it on social media to their friends your harm is minimal. I doubt you would ever get much at all.

On the other hand if a business is using it as advertising to bring in business, you have a claim. Depending on who stole your picture it might interest an attorney. A business has deeper pockets and they made money from your work. You were damaged. If a major corporation used your picture you definitely have a claim that an attorney might be interested in. While the local lawn mowing service wouldn't because even if you sue and win it doesn't mean you can collect.

Attorney's have to be managed. Their time is expensive so only bring the most egregious infringement. The person with the deepest pockets, that used your work to make money. If an Attorney will not take it on contingency it really isn't worth pursing and that should be your goal. Also keep in mind if you bring one really bad one and ask the attorney to pursue everyone on face book that has posted your photo he probably wouldn't take the case, there is not enough upside for him.

[jrw]

Understandably a very aggravating situation. Copyright is yours automatically as the creator of the image. The right, and expense, to defend said copyright is also yours. Financially it is usually a loss for all but the lawyers to try to sue over wrongful use. One tactic that many folks have used successfully is to invoice the folks who are using the images wrongfully with the option of paying or to cease and desist. As wrong as it is, if they refuse to pay up or take them down there is very little you can do about it other than to accept it or go the lawsuit route knowing that it will cost you money, along with a measurable portion of your lifespan, in the end and even if you do win then you still have to deal with collection which can be another round of aggravation for you.
I wish you well with this and hope that you are able to resolve the situation in a friendly manner.

[ddt0725]

I'm going to have to spend more time investigating. It is hard to do with working full-time. I want to call this newspaper that the guys says bought it for his advertising. I do sell to some media companies but those are mostly for educational books, calendars, etc. like to Workman Publishing and Microsoft MultiMedia Publishing. A majority of the companies I sell to, I don't even know what they do with the photos after they have purchased them. Some I find online in "legal" advertising and some I see on products in stores for the US companies. As far as the book publishing companies in Italy and Germany, I have no clue what books they are in.

As far as I know, no one on facebook is posting my pictures without my permission. My settings are set to private on there.

I am pretty sure all of the photos were taken off of flickr before I got wise to the fact and started being more obvious with the "D Trocio Photography" mark on them and uploading smaller sized images. Some were taken directly and used for blogs, website headers, etc. and some were posted to pinterest which then everyone got ahold of them. I have tried getting them taken off pinterest with no luck.

I came across this one tonight ...someone took my photo of my dog and put it on YouTube!! Recognize the 4th from the last dog!? Maybe I should find it in me to somehow be flattered instead of nauseous and angry and leave it at that. This is a big seller amongst pet companies so at least I do make something off of it.

http://www.youtube.com/watch?v=8UqDP2ZFbds