By: Sarah Linden
There’s nothing like discovering that someone used your image without your permission. It starts with that sinking feeling in your chest and builds into an out loud, adrenaline-induced oh. my. GOSH.
And then there’s the dread that immediately follows. Because now you have to have an awkward conversation telling someone what they did is actually copyright infringement.
If you’ve yet to experience this situation, now is the time to prepare. It will inevitably happen to you, too.
Here’s the good news: there’s a solid method to remedy copyright infringement when it happens.
But first, we need to understand why someone would take your images without permission. This helps us know exactly who to address and what to say to them.
Why Most People Use Images without Your Permission
Most people (i.e., the average Joe and small company on Instagram) assume it’s ok to use images at will--or give others permission to use them--because of one or more of the following:
- They’ve provided credit to the designer and/or photographer, and that is payment enough.
- They think it’s no biggie because “it’s just social media.”
- They assume since the image has been purchased once, it’s fair game for anyone.
- They’ve not had a single thought about this topic because everyone and their dog is doing it.
There’s a common denominator among these false assumptions: Most people are uneducated about copyright laws. And most infringement incidents happen because people simply don’t know any better.
Prevent Infringement from Happening in the First Place
We can avoid dealing with copyright infringement if we take the responsibility to properly educate clients and others who might want to use our images. It’s easy to adopt copyright language and education into your business processes that already exist. Seriously! Here’s the link again to my last article outlining exactly how I do this.
Also, I encourage you to register your images with the U.S. Copyright Office. You own the image copyright regardless of whether you register it. But in the case you take legal action against someone who has stolen your work (hopefully not but 100% possible), you can land a bigger settlement with a photo that is registered vs. non-registered. Without registering, taking legal action might not be worth the legal fees involved.
What to Do When Someone Steals Your Photo Online
Let’s say you’ve done all you can to protect your work. Still, someone has used your image without asking you first.
Queue Bethoven’s ‘Symphony No. 5.’
I’m kidding! Don’t panic.
Give it a few hours before you respond. Or days depending on how mad you are. Because whatever information you send to the infringer can a) make or break your ability to resolve the issue in your favor and b) can be used in a legal action you decide to go that route.
Here’s my two-step method for addressing someone who used your photo without permission:
Step 1: Take a screenshot to document the wrongful use of your image.
A good rule of thumb is to have proof of the incident. It’s possible the infringer will remove the image after you confront them. (Proof is especially necessary in the event you take legal action. More on that in a minute).
Step 2: Contact the person to request they either purchase a license or remove the image.
In the examples below, you’ll see how we should do a bit of education before giving options on how to move forward. This way they will take your request seriously.
How to Address Clients
Copyright infringement occurs with clients when they 1) use the image in a way other than the type of license they purchased or 2) they shared an image with a third party before consulting you.
With this in mind. here’s an example of what I email them:
Hi Client! I noticed that [Company ABC] used an image from our session on their Instagram feed. I see their comment on the image you posted asking for your permission. I wanted to send a quick reminder that my clients are not allowed to give third parties permission to use my images without consulting me first. I’m sure this was an oversight on your part! I can see why you’d want your image featured on their Instagram--your work looks great. If you’d like to purchase another license that allows [Company ABC] to continue using the image, I am happy to accommodate that. The license for them to do so is $200, and I will send you another invoice. If you’d rather not make this kind of investment in your marketing at this time, no worries. I will move forward in asking the company to take down the image from their feed. Please let me know how you would like to move forward.
It’s possible the third party will actually pay for the license themselves. I might mention this in the email, only if we’re dealing with a small to mid-sized company who would benefit from a professional image. (Larger companies typically will not pay since they host their own photoshoots and have enough of a following that people are willing to share images in exchange for credit.)
But the point remains the same--someone has to pay for a license for the third party to continue using the image.
In your email, give your client the benefit of the doubt to avoid putting them on the defense. Then revisit your processes to bridge any education gaps that lead to the incident.
How to Address Third Parties
By “third party” I mean anyone other than you and your client who hired you to take the photo. Maybe they took a screenshot of your image from your Instagram feed and re-posted it on theirs. Or maybe they downloaded your image from your portfolio and uploaded it to their website.
Here’s an example of the direct message or email I send:
Hi there! I see that you posted one of my images to your Instagram feed [insert link to Instagram post]. The image features your product beautifully, and I can see why you find it valuable. However, as the copyright holder of this image, I do not allow third parties to use my images for free or in exchange for credit. Neither are my clients allowed to grant third parties like yourself permission to use the image. If you would like to continue to use the image, I’d love to sell you a license to do so! :) My licensing fee to continue using it online is $200. I also have a couple more images from this session featuring your product, and I’d be more than happy to email you low-res images for you to consider purchasing as well. If you’d like to purchase three or more, I can offer you a bulk discount rate at $175 per image. If you’d rather not make that kind of investment in your marking at this time, I understand. I ask that you please remove my image from your Instagram feed. I look forward to hearing back from you.
You’re trying to create a client relationship, so be direct yet kind with your words.
What to To Do When Infringers Ignore You
In my experience, most people who’ve used my photos without permission respond how I’d like--either taking down the image or paying for a license.
However, there may be situations where I would contact an intellectual property (IP) lawyer to determine next steps. Like if the infringer had used my image for a period of time to sell a product or service. If they made a significant amount of money from it, I’d want to be compensated for the sales they made. (This is why I register my images with the U.S. Copyright office and why I screenshot misuse of my images.)
It’s really up to you to determine how far to take the case--afterall, you are the copyright owner.
Common Concerns and Self-Doubts to Leave Behind
Consider these words of encouragement:
“Eek. I feel uncomfortable telling someone to remove my photo.”
I wonder if you actually believe in the value of your own work. I’m genuinely not judging--I’ve been there. But if you don’t believe in its value, how can you successfully protect it or generate max profit from it? The more you set boundaries around your images, the more comfortable you will feel doing so.
The first time I sold a license to someone other than the person who hired me was for a carpenter. My image of a remodeled dining room showcased his table perfectly. I was tempted to let him use the image for free when he asked. I thought, Well, someone already paid for it, and it’s really just one image.
Then I stopped feeling guilty and offered to sell it. And guess what? He purchased it. Maybe, like me, that one sale is all you need to feel empowered and see your images as valuable, profitable assets.
“Do they really find my images valuable?”
YES! Why else would they have used it in the first place? The proof is in the pudding, friend.
“But I see companies and influencers on Instagram use photographer’s images all the time--are they really receiving permission?
Sometimes yes, sometimes no. My guess is most are not educated on copyright and usage rights. It doesn’t matter, though, because you know better. And you’re not going to let someone else build their brand and make money off your hard work without paying you for it.
Or worse, offer only to give you credit on social media. That’s a hard pass for me.
If you are the copyright holder, you have every right--legally--to request permission from any party using your image, regardless of how common it is for copyright infringement to occur.
“I reeeeally don’t want to sound salesy.”
Stop thinking about licensing images as a sale. Think of it as offering something businesses actually want. Because they do! Designers, architects, manufacturers, Instagram influencers--they all need great imagery to grow their brands. When you sell image licenses to them, you are providing a solution to their problem.
Is there ever an instance when a client doesn’t legally need my permission?
Yes--when social media users share the image using the Share button. This feature, native to social media platforms, directly links readers to your page or feed.
“The internet is too friggin’ big for me to monitor my images.”
Yup, it is. So part of you has to be at peace with the fact your images will be stolen without you ever knowing. But know how to handle an incident when you’re aware of it. And the rest? Be like Elsa and let it go.
Sorry not sorry that song will be stuck in your head the rest of the day.
Proactively Think With a Licensing Mindset
What if we sold images to multiple parties not only when they’ve been stolen but anytime we photograph a space?
Look at an image of a kitchen you recently photographed. How many people could benefit from those images on their Instagram feed or websites? The person who built the cabinets? The tile shop? The stylist? The range manufacturer?
This past week, I re-sold a handful of image licenses from previous sessions and collected $550. That’s $550 for no additional work other than sending a couple quick emails. If you want to learn how to successfully sell like this, you need to read about how to Leverage Each Photoshoot with Photo Licensing and then take our Business of Interior Photography Masterclass.
Final Thoughts
I’ve adopted a mantra that you’ve heard from me before. I encourage you to speak this to yourself anytime you feel self-doubt or question whether you’re being too aggressive protecting your work. Repeat after me:
I am not a doormat.My work is not free.
I solely own the copyright to my images.
When someone steals your photo, remain calm. Use it as an opportunity to generate more income. And when you can’t, demonstrate how serious you are about your work and take the steps necessary to unapologetically protect what is yours.
Sarah is a residential interior photography based Dallas, Texas. She works with designers and builders to create publish-ready imagery that grows their brand and an ideal client base.
Website: www.sarahlindenphotography.com
IG: www.instagram.com/sarahlindenphotography