Navigating the Legal Path When Your Photo is Misused Online

Have you ever discovered your photo being sold without your permission? Here's what you need to know about bringing down such behavior.

Step-by-Step Guide to Addressing Copyright Infringement

When you find your photo being sold online without your consent, the first step is to file a DMCA (Digital Millennium Copyright Act) complaint. This process involves using a service like DMCA Protection to register a complaint and provide proof of your copyright to the site hosting the image.

Registering a DMCA Complaint

Follow these steps to lodge your complaint:

Visit the DMCA Protection dashboard. Register a complaint by logging in to the system. Upload a valid proof of copyright, such as a registration certificate or evidence of creation. Provide the URL where the photograph is being sold.

Once you have submitted the necessary documentation, the hosting site will review the claim and follow the DMCA process to take down the infringing content within a few days.

Addressing Copyright Infringement Through Legal Means

Another example involves a woman artist whose artwork was featured on a CD album cover without her knowledge. She hired an attorney through Lawyers For The Arts, and the issue was resolved swiftly. The artist received compensation equivalent to licensing fees and her name was credited as the artist of the cover artwork. However, the success of this case rested on the artist having clear and definite proof of her creation.

Proving Ownership: A Necessary but Oft-Complicated Task

Proving your ownership of an image is crucial but can be challenging. For example, a landscape photo taken at a known location like a waterfall on the California coast may be difficult to prove as yours. Many people photograph the same subject using different equipment, leading to similar images. This makes it hard to pinpoint the original creator unless you have irrefutable evidence such as an original painting or a reference photo.

The Importance of Licensing Rights

It's important to distinguish whether someone is selling the image as a print or licensing the right to reproduce the image. If they are selling prints, they are infringing on your rights of publicity. If they are using the image for commercial purposes, such as selling products featuring you or an object you are in front of, you have the right to compensation.

Utilizing the Photo in Conjunction with News Stories

If the photo appears in conjunction with a news story, the author is generally free to use the image, as there is no expectation of privacy in a public setting. However, they cannot use the image for advertising or endorsement without your consent.

A notable court case is Nussenzweig v. DiCorcia, which underscores that while you may not be able to block a photo from being published in a public space, the author using it must adhere to certain ethical and legal standards.

Conclusion

Dealing with unauthorized use of your photos can be overwhelming, but by following the steps outlined above and ensuring you maintain clear records of your work, you can effectively address copyright infringement and recover compensation when necessary.