When Someone Uses Your Photos Without Permission: A Legal Guide
You’re scrolling through social media or browsing a website, and suddenly, there it is. Your photograph. The one you spent hours setting up, editing, and perfecting. Except it’s being used by someone who never asked permission, never paid you, and probably doesn’t think they’ve done anything wrong. It happens all the time. The moment you press that shutter button, you own the copyright to that image. Doesn’t matter if you’re shooting professionally or just for fun. Our friends at the Law Office of Alec Rose PC discuss how digital technology has made photo theft absurdly easy, and unauthorized use has become a widespread problem for creators at every level. When you’re facing this situation, a plagiarism lawyer can walk you through what comes next.
Start By Gathering Evidence
Don’t wait. Screenshot everything right now. You need a permanent record before the person takes down your image or changes how they’re using it. Capture these details in your screenshots:
- The complete URL where your photo appears
- Today’s date and time stamp
- How they’re using your image (commercial ad, blog post, social media profile)
- Whether they’ve credited you or added watermarks
Find your original image file and keep it somewhere safe. The metadata embedded in that file proves when you created the photo. That information matters when you’re establishing ownership.
File A DMCA Takedown Request
The Digital Millennium Copyright Act gives you power here. Most websites and platforms have to respond when you submit a proper takedown notice. Instagram has a form. So does Facebook. Website hosts like GoDaddy and Bluehost process these regularly. You’ll need to provide your contact information and identify both your original work and where the stolen version lives online. Then you’ll make a good-faith statement that you haven’t authorized this use. The process isn’t complicated, but you have to follow the format the platform requires.
Try Reaching Out Directly First
Sometimes a simple email solves everything. Maybe they grabbed your photo from somewhere else and genuinely didn’t know you held the copyright. Perhaps they assumed images on the internet are free to use. People make mistakes. Send a professional message explaining that you own the copyright and asking them to remove it immediately. You might be surprised how often this works. But document this communication too. Even if they apologize and comply, you may still have valid claims for the period they used your work without permission.
What The Law Actually Allows You To Do
California provides strong copyright protections. Federal law does too. You can file an infringement lawsuit in federal court, and the damages available aren’t small. Statutory damages range from $750 to $30,000 per infringed work. If the court finds the infringement was willful? That ceiling jumps to $150,000. You can also go after actual damages and any profits they made from using your photograph. Did they sell products using your image? Run ads? There’s your profit calculation. Beyond copyright claims, you might have state law options. If your likeness appears in the photo, right of publicity violations could apply. Unfair competition claims work when their use creates confusion in the marketplace.
Registration Makes Everything Easier
Your copyright exists the second you take the photo. Registration isn’t required for that. But registering with the U.S. Copyright Office unlocks benefits you can’t get otherwise. Can’t file a federal lawsuit without it. Won’t qualify for statutory damages or attorney’s fees either. Register within three months of publishing your work, or before someone infringes it, and you’re eligible for both. The Copyright Office has an online system that’s straightforward to use, and the fees are reasonable. You can register single images or entire collections.
Build Better Defenses Going Forward
Prevention won’t stop everyone, but it helps. Add watermarks to images you share online. Post lower resolution versions that aren’t suitable for commercial printing or large-scale use. Embed copyright information in your image metadata so anyone who checks can see you own it. These steps won’t eliminate theft. Someone determined enough will find a way around protections. But you’ll deter casual infringers who just grab the first image they find in a search.
Your Work Deserves Protection
Photography isn’t just a creative outlet. For many people, it’s income. It’s a business. When someone uses your images without authorization, they’re taking something of value that you created. They might be making money from your talent while you get nothing. You’ve discovered unauthorized use of your photographs. What happens next depends on how you want to handle it, what damages you’ve suffered, and what outcome you’re seeking. Legal guidance can clarify your options and help you decide whether to pursue formal action or resolve things another way. Your rights matter, and protecting them sends a message about the value of creative work.