Image theft is increasing day by day due to easy access to online content. People with bad intentions use the stolen pictures to fool others or damage a person’s or brand’s reputation.
So, in this rising cybercrime, what should you do if someone uses your pictures without your permission? Unfortunately, many people don’t know the answer to this question, which leads them to lose credit for their photos.
Whether you are a photographer, content creator, brand, or public figure, understanding the legal actions against photo theft can help you protect your work.
This article has been crafted to help you learn the steps you can take to stop the illegal use of your photographs. This guide covers all the necessary actions you must take to stop the unauthorized use of your images. So, let’s get started.
Table of Contents
Assess The Severity Of Infringement
Before taking any legal actions against the infringer, first, assess the extent to which your image has been used online. Taking the severity of the infringement into account, you will be able to take the right action against the offender.
So, discover where else your photo has been used other than the platform you found it on first. Also, analyze whether the infringer used your images for personal benefits, to spread negativity, or to propagate fake news.
However, the question is, how would you know on what platforms the offender uploaded your photos? Well, this is possible by performing a reverse image search using the intended picture as a reference.
Uploading the intended picture to an image search tool will instantly show all the sites where the sample photo appears online. This will help you document the unauthorized use, including links, timestamps, and screenshots, to prepare for legal action.
Contact The Infringer Directly
Sometimes, other content creators or organizations get involved in copyright violations unknowingly. This often happens due to the common misconception that images found online are free to use.
So, in minor cases, it is better to contact the infringer directly before taking extreme action. A simple message presenting you as the image’s owner and requesting the removal of your picture can resolve the issue quickly. This eliminates the need to be involved in costly legal processes.
So, find out the offender’s contact information and send a courteous request to stop the unauthorized use. When writing the message, also include proof of your ownership of the intended picture so that the recipient can understand the seriousness of the situation.
If the infringer respects the copyright laws and has used your picture inadvertently, they will surely remove your images from all the platforms and apologize to you.
Send A Cease And Desist Letter
In case the offender willingly uses your pictures, your polite request will not work. This time, you will have to be strict and take one step forward. If the infringer doesn’t comply with your instructions mentioned in the first contact, send a formal cease-and-desist letter.
This will act as a severe warning, indicating the consequences if the image has not been removed from all the platforms. This formal letter will be your last warning to the intended person, showcasing your authority over your work.
A cease-and-desist letter must be crafted professionally with all the essential evidence of ownership. Also, you should attach a file demonstrating the effects of unauthorized use on your dignity, reputation, and finances.
While it is possible to draft this letter yourself, you may take assistance from seniors to make it more impactful. A well-written letter indicates to the offenders that you don’t compromise on your rights, compelling them to fulfill your demands.
File A DMCA Takedown
It’s not just you who cares about your intellectual property; all the mainstream platforms are also strict about violations of copyright laws.
They provide protection for every content creator’s rights and help them take defensive measures in case of facing a copyright violation. The authority to file a DMCA takedown is also a protective facility that nearly all mainstream platforms provide.
So, if your pictures appear on popular search engines or social media platforms, you can easily file a DMCA takedown against the infringer.
This basically involves making the intended hosting platform aware of the unauthorized use of your photographs. You have to submit all the collected evidence, the specific URLs where the photos appear, and proof of your ownership to present you as the image owner.
Once the respective platform confirms your ownership, it will be their responsibility to remove your images from the offender’s accounts.
File A Lawsuit With Legal Assistance
If nothing works, it is time to take the final step to protect your pictures. This involves seeking legal advice from intellectual property lawyers and filing a lawsuit against the infringer. Consult with experts who specialize in dealing with copyright violations and prepare a strong base for your case.
Provide the lawyer with all the gathered evidence and the known details about the offender. Taking the severity of your case into account, the lawyer will be able to take the most suitable step accordingly.
Lawsuits are effective if someone is using your picture repeatedly and is not stopping the unauthorized use even after the cease and desist letter.
It will not only force the offender to remove images from all the platforms but also help you recover the financial loss. You can demand a reasonable amount of compensation from the infringer for infringing on your intellectual property rights. This practice not only saves your reputation but also provides financial recovery.
Wrapping It Up
As a content creator, brand, or photographer, you must be able to protect your work. This is only possible when you know the right actions to be taken in case of a violation of your rights. And after reading this guide, we hope that you have learned what to do in such a situation. We expect that you will implement our suggestions to stop unauthorized use of your images.
