What to do when your photograph got stolen ?

mikerigel · 12-10-2016, 09:44 PM

Alright, I'm curious to hear everyone's advice regarding this matter, I hope I'm in the right section.

I found out a popular local mom blogger used one of my photograph on her blog for an article about a very popular resort hotel in central Florida, the article is about 2 and half years old.
It was a "paid" article in the sense she got compensated to write it. I only stumbled on it a few days ago.
I found out today she used my photograph on her instagram feed as well, so I left a comment letting her know I was the owner of the photograph and that she could have at least asked me before using it.

She first responded that she didn't know what I was talking about, that she only uses her own photographs. So I sent her the link of the very same photo, still visible on my account, and after a few minutes, she not only deleted the post but also blocked me so I can't see her photos anymore... the reaction of a mature person!

So now I'm wondering what to do, her blog article using my photo is still up and has been there all this time, it has generated money for her I presume.. she has about 8000 followers on her Facebook, not huge but not bad either, and the most interesting part is that she added HER OWN watermark on MY photo in her article!

Anyone here with (sadly) any experience about this ? Should I seek compensation ? How do I do it ?
(I did take many screen captures of her blog article with my photo and all, just in case it disappears next few days.... )
Thank you!

Wild Mark · 12-10-2016, 09:53 PM - **1 Like**

Unfortunately a common tale.

There is recourse, but, you had better work out your reasons for pursuing, as the cost may not match the benefit (I say may not - if you are chasing a principle and you have cash to burn then it is a very worthy cause).

In future if you are concerned with the prospect of your images being stolen then perhaps think twice about posting them ...... silly I know as we all want to share, but, that is the ultimate measure of IP control.

Steve.Ledger · 12-10-2016, 10:04 PM - **1 Like**

Originally posted by Wild Mark

In future if you are concerned with the prospect of your images being stolen then perhaps think twice about posting them

^ This.

It's the cold hard truth.

**Tas** · 12-10-2016, 10:10 PM - **1 Like**

Sorry to hear about the use of your image Mike, I wished I could say it hasn't happened to me but the truth is if you're posting to the internet your images are vulnerable.

There's some info on this website that will assist: PictureDefense good luck with resolving the matter.

Something to consider for the future: https://services.tineye.com/TinEyeAlerts

And some light reading: https://en.wikipedia.org/w/index.php?title=Berne_Convention&redirect=no

Tas

mikerigel · 12-10-2016, 10:10 PM

Originally posted by Wild Mark

Unfortunately a common tale.

There is recourse, but, you had better work out your reasons for pursuing, as the cost may not match the benefit (I say may not - if you are chasing a principle and you have cash to burn then it is a very worthy cause).

In future if you are concerned with the prospect of your images being stolen then perhaps think twice about posting them ...... silly I know as we all want to share, but, that is the ultimate measure of IP control.

Yes, I'm well aware about the potential cost of going after her... the funny thing is it's not particularly a great photo, and I don't even care about getting money out of her.. it's just by principle, like you said, to let her know it's wrong for her to do this..

Thanks for your input.

BrianR · 12-10-2016, 10:12 PM

Originally posted by mikerigel

She first responded that she didn't know what I was talking about, that she only uses her own photographs. So I sent her the link of the very same photo, still visible on my account, and after a few minutes, she not only deleted the post but also blocked me so I can't see her photos anymore... the reaction of a mature person!

Too bad you didn't get a screen shot of her outright lying (or did you?). I'd be willing to bet you aren't her first or last, so you might want to run some of her other images through TinEye or Google Images to find yourself some company.

mikerigel · 12-10-2016, 10:19 PM

Originally posted by Tas

Sorry to hear about the use of your image Mike, I wished I could say it hasn't happened to me but the truth is if you're posting to the internet your images are vulnerable.

There's some info on this website that will assist: PictureDefense good luck with resolving the matter.

Something to consider for the future: TinEye Alerts - Image Tracking

And some light reading: Berne Convention - Wikipedia

Tas

Thank you! I didn't know about picture defense!

Originally posted by BrianR

Too bad you didn't get a screen shot of her outright lying (or did you?). I'd be willing to bet you aren't her first or last, so you might want to run some of her other images through TinEye or Google Images to find yourself some company.

No I didn't think about it, once she deleted the picture post, our conversation was gone with it.
But that's a good idea about finding others, I actually had the same thought earlier today looking at some of her recents posts with very nice photographs.. Somehow I wouldn't be surprised if she just "borrowed" most of them..

MadMathMind · 12-10-2016, 10:32 PM

If the blog is hosted by a 3rd party (e.g., Wordpress, Facebook, etc.) you can certainly file a DCMA takedown notice. The site definitely has one and will act on it. They have to by law!

Links to DCMA takedown sites for Facebook and Instagram:
https://www.facebook.com/help/contact/634636770043106

https://help.instagram.com/contact/539946876093520

I filed a claim or two with Facebook because someone was using my images (of other people!) as profile photos. Facebook complied quite quickly and the images and profiles were removed.

Fenwoodian · 12-10-2016, 10:48 PM

Lots of folks steal my images too. They always seem to be little companies without much money. After I catch them, I notify them and ask them to either take it down, or leave it up and pay me a small royalty fee.

90% will take the down and apologize. NONE of these stealing cheapskates ever took me up on my offer to sell them the rights to use my images for a very modest price.

10% will tell me to take a hike and go jump off a bridge. They likely know that I'm not likely to spend serious money for legal help to go after a tiny little outfit with little resources or revenue.

**lithedreamer** · 12-11-2016, 12:38 AM

I use a service called Pixsy.com. They team up with lawyers to help you get paid, according to their pitch. Maybe reach out to them and see what they can do to help?

PePe · 12-11-2016, 02:08 AM

This is a plague nowadays.
This may not be relevant for the OP, but in the EU there is a service provider like this PhotoClaim recoups damages from infringements of copyright

pathdoc · 12-11-2016, 05:19 AM

Get in touch with the people who paid her for the review and tell them what she did.

mikerigel · 12-11-2016, 06:29 AM - **1 Like**

Originally posted by Fenwoodian

Lots of folks steal my images too. They always seem to be little companies without much money. After I catch them, I notify them and ask them to either take it down, or leave it up and pay me a small royalty fee.

90% will take the down and apologize. NONE of these stealing cheapskates ever took me up on my offer to sell them the rights to use my images for a very modest price.

10% will tell me to take a hike and go jump off a bridge. They likely know that I'm not likely to spend serious money for legal help to go after a tiny little outfit with little resources or revenue.

Yes, I hear you, I use Pixsy.com and I actually found out about 20 of my photos got stolen hundreds of time, by so many little websites or personal pages, its useless trying to go after them.
The specific one I mentioned in this post seemed different (more important) and maybe worthy for me to go after, but maybe I'm wrong..

Originally posted by lithedreamer

I use a service called Pixsy.com. They team up with lawyers to help you get paid, according to their pitch. Maybe reach out to them and see what they can do to help?

Yes, this is actually because of them that I found out about it. Im trying to dig more about them and the actual process to make sure they are good at it and the risks involved as well for me.

MadMathMind · 12-11-2016, 08:44 AM

Originally posted by pathdoc

Get in touch with the people who paid her for the review and tell them what she did.

This is a really good idea. They don't have any legal responsibility in the matter but they may well worry someone else is writing the content. From their perspective, content is content but if people start slapping "FALSE REVIEW" on them, they're in big trouble with the public, so they need to make everything look as clean as possible.

AquaDome · 12-11-2016, 11:16 AM

Not prosecuting to the full extent sets the precedent that unlicensed use of your images is business as usual. Many attorneys will draft a Cease & Desist notice and send it on your behalf for a modest fee. Do not threaten or bluff. You may be able to file in small claims court in your local jurisdiction, requiring the defendant to travel a great distance or face a summary judgement.

12-10-2016, 09:44 PM	#1
mikerigel Veteran Member Join Date: Sep 2006 Location: Florida Photos: Gallery Posts: 354	What to do when your photograph got stolen ? Alright, I'm curious to hear everyone's advice regarding this matter, I hope I'm in the right section. I found out a popular local mom blogger used one of my photograph on her blog for an article about a very popular resort hotel in central Florida, the article is about 2 and half years old. It was a "paid" article in the sense she got compensated to write it. I only stumbled on it a few days ago. I found out today she used my photograph on her instagram feed as well, so I left a comment letting her know I was the owner of the photograph and that she could have at least asked me before using it. She first responded that she didn't know what I was talking about, that she only uses her own photographs. So I sent her the link of the very same photo, still visible on my account, and after a few minutes, she not only deleted the post but also blocked me so I can't see her photos anymore... the reaction of a mature person! So now I'm wondering what to do, her blog article using my photo is still up and has been there all this time, it has generated money for her I presume.. she has about 8000 followers on her Facebook, not huge but not bad either, and the most interesting part is that she added HER OWN watermark on MY photo in her article! Anyone here with (sadly) any experience about this ? Should I seek compensation ? How do I do it ? (I did take many screen captures of her blog article with my photo and all, just in case it disappears next few days.... ) Thank you!

12-11-2016, 12:38 AM	#10
lithedreamer Site Supporter Join Date: Sep 2013 Photos: Gallery \| Albums Posts: 1,799	I use a service called Pixsy.com. They team up with lawyers to help you get paid, according to their pitch. Maybe reach out to them and see what they can do to help? Last edited by lithedreamer; 12-11-2016 at 02:29 AM.

12-11-2016, 02:08 AM	#11
PePe Pentaxian Join Date: Nov 2007 Location: Helsinki, Finland Photos: Gallery \| Albums Posts: 597	This is a plague nowadays. This may not be relevant for the OP, but in the EU there is a service provider like this PhotoClaim recoups damages from infringements of copyright Last edited by PePe; 12-11-2016 at 04:31 AM.

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12-10-2016, 09:53 PM - 1 Like	#2
Wild Mark Veteran Member Join Date: Jun 2013 Location: Newcastle Photos: Gallery \| Albums Posts: 1,954	Unfortunately a common tale. There is recourse, but, you had better work out your reasons for pursuing, as the cost may not match the benefit (I say may not - if you are chasing a principle and you have cash to burn then it is a very worthy cause). In future if you are concerned with the prospect of your images being stolen then perhaps think twice about posting them ...... silly I know as we all want to share, but, that is the ultimate measure of IP control.

12-10-2016, 10:04 PM - 1 Like	#3
Steve.Ledger Veteran Member Join Date: Oct 2009 Location: Far North Qld Posts: 3,301	Originally posted by Wild Mark In future if you are concerned with the prospect of your images being stolen then perhaps think twice about posting them ^ This. It's the cold hard truth.

12-10-2016, 10:10 PM - 1 Like	#4
Tas Site Supporter Join Date: Aug 2013 Location: Brisbane, QLD Photos: Gallery \| Albums Posts: 2,202	Sorry to hear about the use of your image Mike, I wished I could say it hasn't happened to me but the truth is if you're posting to the internet your images are vulnerable. There's some info on this website that will assist: PictureDefense good luck with resolving the matter. Something to consider for the future: https://services.tineye.com/TinEyeAlerts And some light reading: https://en.wikipedia.org/w/index.php?title=Berne_Convention&redirect=no Tas

12-10-2016, 10:10 PM	#5
mikerigel Veteran Member Join Date: Sep 2006 Location: Florida Photos: Gallery Posts: 354 Original Poster	Originally posted by Wild Mark Unfortunately a common tale. There is recourse, but, you had better work out your reasons for pursuing, as the cost may not match the benefit (I say may not - if you are chasing a principle and you have cash to burn then it is a very worthy cause). In future if you are concerned with the prospect of your images being stolen then perhaps think twice about posting them ...... silly I know as we all want to share, but, that is the ultimate measure of IP control. Yes, I'm well aware about the potential cost of going after her... the funny thing is it's not particularly a great photo, and I don't even care about getting money out of her.. it's just by principle, like you said, to let her know it's wrong for her to do this.. Thanks for your input.

12-10-2016, 10:12 PM	#6
BrianR Veteran Member Join Date: Dec 2010 Location: Ontario Photos: Gallery Posts: 3,332	Originally posted by mikerigel She first responded that she didn't know what I was talking about, that she only uses her own photographs. So I sent her the link of the very same photo, still visible on my account, and after a few minutes, she not only deleted the post but also blocked me so I can't see her photos anymore... the reaction of a mature person! Too bad you didn't get a screen shot of her outright lying (or did you?). I'd be willing to bet you aren't her first or last, so you might want to run some of her other images through TinEye or Google Images to find yourself some company.

12-10-2016, 10:19 PM	#7
mikerigel Veteran Member Join Date: Sep 2006 Location: Florida Photos: Gallery Posts: 354 Original Poster	Originally posted by Tas Sorry to hear about the use of your image Mike, I wished I could say it hasn't happened to me but the truth is if you're posting to the internet your images are vulnerable. There's some info on this website that will assist: PictureDefense good luck with resolving the matter. Something to consider for the future: TinEye Alerts - Image Tracking And some light reading: Berne Convention - Wikipedia Tas Thank you! I didn't know about picture defense! Originally posted by BrianR Too bad you didn't get a screen shot of her outright lying (or did you?). I'd be willing to bet you aren't her first or last, so you might want to run some of her other images through TinEye or Google Images to find yourself some company. No I didn't think about it, once she deleted the picture post, our conversation was gone with it. But that's a good idea about finding others, I actually had the same thought earlier today looking at some of her recents posts with very nice photographs.. Somehow I wouldn't be surprised if she just "borrowed" most of them..

12-10-2016, 10:32 PM	#8
MadMathMind Veteran Member Join Date: Dec 2013 Location: Houston, TX Photos: Gallery Posts: 1,717	If the blog is hosted by a 3rd party (e.g., Wordpress, Facebook, etc.) you can certainly file a DCMA takedown notice. The site definitely has one and will act on it. They have to by law! Links to DCMA takedown sites for Facebook and Instagram: https://www.facebook.com/help/contact/634636770043106 https://help.instagram.com/contact/539946876093520 I filed a claim or two with Facebook because someone was using my images (of other people!) as profile photos. Facebook complied quite quickly and the images and profiles were removed.

12-10-2016, 10:48 PM	#9
Fenwoodian Pentaxian Join Date: Apr 2015 Location: USA Photos: Gallery \| Albums Posts: 2,875	Lots of folks steal my images too. They always seem to be little companies without much money. After I catch them, I notify them and ask them to either take it down, or leave it up and pay me a small royalty fee. 90% will take the down and apologize. NONE of these stealing cheapskates ever took me up on my offer to sell them the rights to use my images for a very modest price. 10% will tell me to take a hike and go jump off a bridge. They likely know that I'm not likely to spend serious money for legal help to go after a tiny little outfit with little resources or revenue.

12-11-2016, 05:19 AM	#12
pathdoc Pentaxian Join Date: Mar 2015 Photos: Gallery \| Albums Posts: 6,381	Get in touch with the people who paid her for the review and tell them what she did.

12-11-2016, 06:29 AM - 1 Like	#13
mikerigel Veteran Member Join Date: Sep 2006 Location: Florida Photos: Gallery Posts: 354 Original Poster	Originally posted by Fenwoodian Lots of folks steal my images too. They always seem to be little companies without much money. After I catch them, I notify them and ask them to either take it down, or leave it up and pay me a small royalty fee. 90% will take the down and apologize. NONE of these stealing cheapskates ever took me up on my offer to sell them the rights to use my images for a very modest price. 10% will tell me to take a hike and go jump off a bridge. They likely know that I'm not likely to spend serious money for legal help to go after a tiny little outfit with little resources or revenue. Yes, I hear you, I use Pixsy.com and I actually found out about 20 of my photos got stolen hundreds of time, by so many little websites or personal pages, its useless trying to go after them. The specific one I mentioned in this post seemed different (more important) and maybe worthy for me to go after, but maybe I'm wrong.. Originally posted by lithedreamer I use a service called Pixsy.com. They team up with lawyers to help you get paid, according to their pitch. Maybe reach out to them and see what they can do to help? Yes, this is actually because of them that I found out about it. Im trying to dig more about them and the actual process to make sure they are good at it and the risks involved as well for me.

12-11-2016, 08:44 AM	#14
MadMathMind Veteran Member Join Date: Dec 2013 Location: Houston, TX Photos: Gallery Posts: 1,717	Originally posted by pathdoc Get in touch with the people who paid her for the review and tell them what she did. This is a really good idea. They don't have any legal responsibility in the matter but they may well worry someone else is writing the content. From their perspective, content is content but if people start slapping "FALSE REVIEW" on them, they're in big trouble with the public, so they need to make everything look as clean as possible.

12-11-2016, 11:16 AM	#15
AquaDome Veteran Member Join Date: Jan 2014 Location: New Carlisle, IN Photos: Gallery \| Albums Posts: 1,475	Not prosecuting to the full extent sets the precedent that unlicensed use of your images is business as usual. Many attorneys will draft a Cease & Desist notice and send it on your behalf for a modest fee. Do not threaten or bluff. You may be able to file in small claims court in your local jurisdiction, requiring the defendant to travel a great distance or face a summary judgement.