Photo Used Without Permission

I'm hoping that someone on here can give me a little advice, as I'm sure some of you have found yourself in a similar situation in the past.

A family member recently told me they thought they saw one of my landscape photos being used as part of a real estate listing online. I looked it up and sure enough, my photo. It is bring used by a realtor that I've never met and who never contacted me in any way to ask for permission.

Now I'm wondering the best way to move forward? What steps should I take to either make sure the photo is removed or to get compensated for the usage?

Enforcing your rights: http://asmp.org …nforcing-your-rights.html

Help! I’ve Been Infringed!

Did the image have a watermark? Was it removed? From Carolyn E Wright's blog: Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from your photo so that it can disguise the infringement when used. The fines start at $2500 and go to $25,000 in addition to attorneys' fees and any damages for the infringement.
The pertinent part of the statute is included the link. And you don't have to have registered your photo in advance to recover under this statute.
And if someone actually wants to buy it, they might be able to use it to find you.

You might want to start with sending a bill for usage along with a note that rather than go through all the hastle of legal action you would both benefit by keeping things simple.

I suggest just writing or emailing the agent, letting them know that it is your photo and that you would like it removed. I'm willing to bet that they will immediately remove it without any further action.

If they refuse to remove it or ignore you, then mail them a certified letter asking the same. Perhaps you can even get some business from them, if it's handled politely. Sending them a bill, threatening a court case, or trying to demand a large payment isn't going to help you or your reputation in the long run.

diveguy wrote in post #18065648
I suggest just writing or emailing the agent, letting them know that it is your photo and that you would like it removed. I'm willing to bet that they will immediately remove it without any further action.

If they refuse to remove it or ignore you, then mail them a certified letter asking the same. Perhaps you can even get some business from them, if it's handled politely. Sending them a bill, threatening a court case, or trying to demand a large payment isn't going to help you or your reputation in the long run.

The damage has already been done. His image was already stolen and the realtor needs to compensate him for the use of the image. If there is no penalty, then there is no deterrent from the realtor stealing a photo from someone else, expeting to just remove it when caught the next time.

mikeinctown wrote in post #18065797
The damage has already been done. His image was already stolen and the realtor needs to compensate him for the use of the image. If there is no penalty, then there is no deterrent from the realtor stealing a photo from someone else, expeting to just remove it when caught the next time.

So how far and how much money are you willing to spend to "teach them a lesson"?

I would capture a screenshot to document the violation and send the offending party a note to introduce myself. I'd ask how many places, how long the image has been used and how she acquired it. Only then would I inform her about Intellectual Property and then tell her what your normal rate, potential legal action and let her decide what will happen. She can pay a little and take it down, pay a licensing fee or she can pay an Attorney. I have only needed Carolyn Wright on one occasion and it was a quick settlement with no out of pocket expense.

AZGeorge wrote in post #18061351
You might want to start with sending a bill for usage along with a note that rather than go through all the hastle of legal action you would both benefit by keeping things simple.

^^^ this is very effective.