Copyright infringement.

If your photographs have been used without your permission or proper credit, follow these steps to address the copyright infringement:

1. Verify Ownership

• Ensure you are the rightful owner of the photographs. Copyright is typically automatic upon creation of an original work, but having evidence of authorship (e.g., timestamps, metadata, or registration) strengthens your case.

2. Document the Infringement

• Take screenshots or save evidence of the unauthorized use, including URLs, publication details, and any associated context. Note the date and time of discovery.

3. Check for Exceptions

• Determine if the usage might fall under exceptions like fair use, particularly in contexts like criticism, commentary, or education. If in doubt, seek legal advice.

4. Contact the Infringer

• Politely reach out to the individual or organization using your work. Provide evidence of your ownership and request:

• Removal of the content.

• Proper credit or attribution.

• Compensation (if applicable).

5. Send a DMCA Takedown Notice

• If your photograph is used online without permission, you can issue a Digital Millennium Copyright Act (DMCA) takedown notice to the platform hosting the infringing content. The platform is legally required to act on such notices.

• Many platforms have specific forms or processes for DMCA claims.

6. Negotiate a License

• If the infringer expresses interest in continuing to use your work, you can negotiate licensing terms for its use rather than pursuing legal action.

7. Register Your Copyright (if not already done)

• While copyright is automatic, registration with your country’s copyright office strengthens your legal position, especially if you plan to seek damages through a lawsuit.

8. Seek Legal Action

• If the infringer refuses to comply, consult a copyright attorney to assess your options. Legal remedies can include:

• Cease-and-desist letters.

• Filing a lawsuit for damages, including lost revenue and statutory damages.

9. Prevent Future Issues

• Use tools like watermarks, metadata, and copyright notices on your work to deter unauthorized use.

• Use services like Google Alerts or reverse image search tools (e.g., TinEye, Google Images) to monitor misuse of your photographs.

There are companies who you can also sign up with who track the use of your photographs on the www. Such as:

copytrack, imagerights, Pixsy etc.

Here’s a sample DMCA Takedown Notice that you can use. Customize the placeholders with your information:

DMCA Takedown Notice

[Your Name]

[Your Address]

[City, State, ZIP Code]

[Your Email Address]

[Your Phone Number]

[Date]

[Recipient Name (if known)]

[Website Owner/Administrator or Hosting Service]

[Address (if available)]

[City, State, ZIP Code]

Subject: DMCA Takedown Notice – Unauthorized Use of Copyrighted Material

To Whom It May Concern,

I am writing to notify you that copyrighted material belonging to me has been used on your platform without my authorization, violating my rights under the Digital Millennium Copyright Act (DMCA). Below are the details of the infringement:

1. Original Work:

• Description of the copyrighted material: [Provide details about your photograph(s), e.g., title, subject, date of creation.]

• Proof of ownership: [Provide evidence, such as a copyright registration number (if applicable) or a link to your original work.]

2. Location of Infringing Content:

• URL(s) where the unauthorized content is located: [Insert URLs or describe where the material appears.]

3. Request for Action:

I request that you promptly remove the infringing material from your platform and take measures to prevent further unauthorized use of my copyrighted work.

4. Good Faith Statement:

I have a good faith belief that the use of the copyrighted material described above is not authorized by me, my representative, or the law.

5. Accuracy and Authority:

I affirm, under penalty of perjury, that the information in this notice is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner.

6. Contact Information:

You may contact me at the above address, email, or phone number if further information is needed.

Electronic Signature:

[Your Full Name]

Sending the Notice:

• Send this notice to the platform or hosting provider’s designated DMCA agent. Platforms like YouTube, Facebook, and others have specific pages or email addresses for DMCA claims.

• Keep a record of your communication.

Several companies and services specialize in tracking and managing copyright infringement for creators, photographers, and businesses. These companies can monitor unauthorized use of your content and assist in taking action. Here are some popular options:

1. Copyright Monitoring Services

These services actively scan the web for unauthorized use of your work:

Pixsy

• Features: Tracks unauthorized use of your photos and helps enforce copyright. Offers a free plan and paid tiers.

• Focus: Primarily photography.

• Extra Services: DMCA takedown notices and legal assistance.

Copytrack

• Features: Searches for copyright violations of images globally and assists in recovering damages on your behalf.

• Focus: Photography, graphic design, and artwork.

• Extra Services: No upfront costs; takes a percentage of the settlement if successful.

ImageRights

• Features: Uses AI to find your images online and helps pursue copyright claims.

• Focus: Professional photographers and visual artists.

• Extra Services: Works with law firms for infringement cases.

PlagScan

• Features: Detects text and image copyright violations.

• Focus: Online content creators and publishers.

2. Reverse Image Search Tools

These tools help you manually track unauthorized use of images:

Google Reverse Image Search

• How it Works: Upload your photo or provide a URL to find where it’s being used online.

• Cost: Free.

TinEye

• How it Works: Reverse image search engine for finding matches of your photos online.

• Cost: Free for basic use, with paid plans for bulk monitoring.

Berify

• Features: Reverse image search that monitors online use of your photos. Allows for bulk image uploads.

• Cost: Paid plans.

3. Content Protection Platforms

These platforms provide broader copyright and brand protection:

Digimarc

• Features: Digital watermarking and image tracking to detect unauthorized use.

• Focus: Media, publishing, and brands.

• Extra Services: Proactive copyright enforcement.

Imatag

• Features: Invisible watermarking and monitoring for images and videos.

• Focus: Professional creatives and media organizations.

Safe Creative

• Features: Registers copyright for your works and tracks infringements online.

• Focus: Multi-format (images, text, music, etc.).

• Extra Services: DMCA takedown service.

4. Legal and Enforcement Services

These companies focus on enforcement and recovery:

Attributor

• Features: Tracks and removes copyrighted material, especially for publishers.

• Focus: Written content and PDFs.

• Extra Services: Licensing enforcement.

Guardian Digital

• Features: Monitors, detects, and removes infringements of your intellectual property.

• Focus: Brands, images, and videos.

RightsCloud by FADEL

• Features: Protects and enforces rights for content owners, including image tracking.

• Focus: Large businesses and creatives.

How to Choose:

• Photographers: Pixsy, Copytrack, or ImageRights.

• Broad Content Creators: Safe Creative, Digimarc, or Berify.

• Proactive Takedowns: Companies like Copytrack or ImageRights often handle legal proceedings for you.