How do I proceed if someone uses my photos without permission?
January 26, 2023 | 40,00 EUR | answered by Sandra Altmann
Dear copyright lawyer,
I am reaching out to you because I recently discovered that someone has been using my photos without permission. As a photographer, it is important for me to protect and control where and how my work is distributed. Unfortunately, I have noticed that someone has published my photos on their website without asking for my permission or crediting me as the author.
This situation is causing me great concern, as I do not want my work to be used by others without my knowledge or compensation. I have already tried to contact the person and asked them to remove my photos from their website, but they have not responded.
Therefore, I am wondering what the best course of action would be in this case. Are there legal steps I can take to protect my copyright and prevent the unauthorized use of my photos? What options do I have to address the person who is using my photos without permission?
I would greatly appreciate your professional advice and support in this matter. Thank you in advance.
Sincerely,
Mia Voigt
Dear Mrs. Voigt,
I can completely understand that as a photographer, it is very important for you to protect and control the dissemination of your works. The unauthorized use of your photos on another person's website is a violation of your copyright, and it is understandable that you would like to take action against it.
In your case, there are several legal steps you can take to protect your copyright and prevent the unauthorized use of your photos. First of all, I recommend that you contact the person who is using your photos without permission again. Request once more that they remove the photos from their website and give them a reasonable deadline to do so. It is possible that the person may not have intentionally violated your copyright and may be prompted to remove the photos by your notification.
If the person still does not respond or refuses to remove your photos from their website, you may consider taking further legal steps. One option would be to engage a lawyer to send a cease and desist letter on behalf of the copyright holder (you). The letter will object to the unauthorized use of the photos and demand that the person provide a legally binding declaration to cease using them. This means that the person agrees not to use the photos in the future, otherwise they may face a penalty.
If the person still does not respond or refuses to provide the requested declaration after receiving the cease and desist letter, you can initiate legal proceedings. In a court case, you can claim damages and enforce the removal of the photos through legal means.
It is important that you gather all evidence of the unauthorized use of your photos, such as screenshots of the website where the photos are published, as well as all communication with the person using your photos. The more evidence you have, the better you can enforce your claims in court.
I hope that my response has been helpful to you and I am available for any further questions you may have. Thank you for reaching out to me.
Sincerely,
Sandra Altmann
Copyright Lawyer
