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If someone has used your photo without permission, you can take action: a sufficiently creative photo is protected by copyright, even without a copyright symbol (©). First, request by letter or email that the infringement cease (with evidence such as a screenshot) and, where appropriate, compensation for damages. If there is no response, the court may prohibit the use, impose a penalty payment, and award damages.
As a photographer, you invest time and experience in that one photo. It is therefore annoying — and illegal — if someone else simply uses it without asking permission. Fortunately, you can take action against this and even claim compensation.
Permission is required for your photo
If you take a photo, you are the creator. If the photo is sufficiently creative, you hold the copyright (intellectual property) and others may not use the photo without your permission. Many people think that this only applies with a copyright symbol (©), but that is incorrect: copyright arises automatically.
Therefore, photos may not simply be copied. There are exceptions, for example if the creator has been deceased for long enough and the photo has entered the public domain. But as long as you are alive and well, your permission is required.
Taking action against unlawful use
If you notice that someone is using your photo without permission, you can take action. Often, a letter or email requesting them to stop the infringement is sufficient: clearly indicate which photo is involved and that you hold the rights. Secure the evidence with a screenshot and, if necessary, claim damages.
If they do not comply, you can go to court, which can prohibit the use and attach a penalty payment to it. In addition, the court awards damages: this consists of the license income you would have received if they had paid properly, plus the costs you had to incur to enforce your rights. Such compensation is intended to indemnify you, not to punish the other party.
Or make agreements about the use
It doesn't always have to come to that — photographers often actually enjoy it when their photo is in demand. You can grant permission subject to conditions, such as attribution or compensation, and stipulate that the photo may only be used on that website and not in mailings or brochures. You record this in a license agreement. You can even sell all your rights to the photo to a company — but then you may only use the photo yourself with their permission.
Frequently Asked Questions
Do I have copyright on my photo without the © symbol?
Yes. Copyright arises automatically as soon as you take a sufficiently creative photo. A copyright symbol is not required for protection.
What do I do if someone uses my photo?
First, request in writing that the infringement cease, retain evidence (screenshot), and, if applicable, request compensation. If there is no response, you can obtain an injunction, a penalty payment, and damages through the court.
How is the compensation calculated?
Based on the license fee you would have received, plus the costs incurred to enforce your rights. It is reasonable compensation, not a penalty.
Help with photo rights and licenses
The copyright specialists at MKB Juristen take action against infringement or draft a license agreement. Schedule an intake meeting .
