Protect Your Photos: How to Defend Your Copyright

It feels good when others ooh and ahh over your photos, but if anybody loves your photos enough to steal them, all those good feelings go away.

Fortunately, defending your copyright isn’t too difficult – the following tips can serve as a general guide for you.

1. Establish Ownership of the Original Photograph: Look for the original photo in your archives and note the EXIF data – most people don’t have the means (or the know-how) to modify this information. In case they are able to strip the data off the image, you can also use other photos in the same series to prove your ownership. If your images are online, Google and other searches can help you establish when certain images were uploaded.

2. Document the Offense: Take screen caps, print them, then sign and date them. You probably have to get other parties involved – let them take their own documentation. Think of them as witnesses to the crime – their involvement gives your claim more credibility.

3. Stay Professional: As tempting as it is to come in with your guns blazing and threatening legal action, most people who “steal” your photos are simply ignorant. If you ask them nicely to remove the photos, credit you for the images, or compensate you for your work, most people will comply.

If they insist they haven’t done anything wrong, you will probably want to take a little more aggressive approach.

This usually means a Cease and Desist Order. Basically, a C&D is a letter demanding the recipient to stop certain behavior – in this case, usage of your images. A lawyer usually drafts these things, but it helps to know what the basic contents are:

1. Cite the images that have been copied: This is where all the documentation you gathered previously comes in. If possible, provide links to the original images and other evidence establishing your ownership of the said photos.

2. Demand removal and/or destruction of any copies of your image: You’ve already asked for compensation before, right? Since they’ve already refused you that, now they have no right to your images at all. At this point, it might also be a good idea to tell them not to step on your rights again.

3. If necessary, demand compensation: Yes, they are still liable for any lost income or profits on your part. If they earned a penny from your images, they owe you that penny. Have them account for any profits they made from your images. If you have no idea how to cost your lost income, check out stock photo sites. Check their licensing fees, multiply that by the number of photos stolen, and add a comfortable margin on top of that.

4. Give them a deadline: Give them 24 hours. If you’re feeling nice, giving them 48.

5. Threaten further action: Tell them what you will do if they don’t comply. You can contact their web host or ISP and inform them of the copyright infringement. You can also contact their advertisers, if they have any. In the worst case, you can threaten legal action – they are, after all, liable for damages to you.

You still might have to consult with your lawyer to get all the details of the letter ironed out. Short of that, you can also check the following sites for more information on C&D letters:

http://www.utsystem.edu/ogc/intellectualproperty/contract/cease.htm

http://www.webtechniques.com/archives/2001/05/legal/

http://en.wikipedia.org/wiki/Cease_and_desist

—Luis Cruz

Comments

[Brennan The Vyper]

This only works if the website in question is in the same country as you. If the website is based in a foreign country, you could be out of luck. It is next to impossible to get a court order enforced for out of country complaints. As I have said in the past in the forums of Popphoto, there is only one way to protect your images from theft. DON'T POST THEM ONLINE!

Brennan the Vyper

[DAVE]

This EXIF newb says THANK YOU VERY MUCH. I just bulk updated all my EXIF data and will update my future uploads in the future. Awesome post.

[Aaron]

Here is an article talking about the Orphan Works Act of 2006 and discussing less of the legal, and more of the technical, side of watermarking and EXIF data: http://www.singleservingphoto.com/2007/04/11/protecting-your-digital-rights/

[Andrew Ferguson]

Now this is much more useful than mocking your readers.

I'm marking this one for reference at a later date. As much as I'd hate to have to use it; I have no doubts that it's inevitable if I continue to post my work online.

[Donncha O Caoimh]

I just found out one of my photos was used by a UK tabloid. Sent them off a nice letter claiming ownership of it and asking for compensation.

Hopefully I'll be able to report a positive conclusion in a few days time.