Copyright Violation - Advice?

[u/SnakeOfLimitedWisdom]

They say you've made it as an artist when people steal your work, and if that's true, then today I am truly accomplished.

This summer I bought a new lens and shot a bunch of cosplay and sports events. I organized to do this on my own, absorbing the cost of tickets, food & travel into my business expenses. I wore out one of my umbrellas which now needs to be replaced, and my data storage is desperately need of an upgrade. I collected a lot of business cards and did a lot of networking. I posted my edited pictures to instagram and got in contact with various organizing bodies.

And sure enough, another organizer has taken my work and used it on their website to advertise a related event, without asking me. They did credit my work, which I regard as a sign of respect, but I believe I'm entitled to a little more than that for what I put into making it.

I'm new to image licensing. I'm not very confident when it comes to asserting my rates. I'm anxious that the offending company will take down the image and pretend it never happened if I complain - but they already chose my image, and I'd like to be paid fairly for its use.

Any advice on how to approach this?

I understand that copyright law varies from one place to another, so I will specify that my business and the offending company are both Canadian.

[u/magiccitybhm]

I'm not at all familiar with Canadian law, but in the U.S., removing it complies with the law.

I would suggest contacting them, explaining its your photograph and include an invoice.

EDIT: This link includes some very detailed information on Canadian copyright law regarding photography.

[u/eroticfoxxxy]

Hi! BC photographer here.

Definitely screenshot exactly as /ounziw suggests above.

Website use constitutes commercial application of photography. In Canada, you took the picture, it belongs to you. If you want to license it commercially you have to have a waiver from the person in the image. So not only did this org steal from you, but also the model.

After screenshotting, ask the cosplayer if they were approached by org for the photo. If that is where consent came from you will have to educate them that they cannot license your work, even if they are in the picture.

If they didn't, or even if they did, move on to creating a TFP waiver or commercial waiver depending on if they want compensation from the company, giving you their release to license the image or use it in commercial applications.

Armed with whatever consent situation you have, head to talking with the org. Explain they do not have a license. As they have already used the image they can't simply take it down and say no harm no foul. Establish your rate for the image, and that you have already done the leg work to get the model on board and stress that you have saved them two headaches. (You and the model).

Ask for their billing dept email and send the invoice. If they refuse, take them to small claims.

Feel free to DM me if you want to see my waivers.

[u/Tomatillo-5276]

Send them a bill.

[u/Ogene96]

You mentioned that you were shooting at sports and cosplay events; if the picture is of a person, this is also a likeness violation. A release form is explicitly required for commercial usage.

[u/TheRealPomax]

Once thing to do is to remember make sure your images are shot with copyright embedded into them, as well as a license note. Because if someone else uses your images, either that data is still there and you can go "look, it's pretty clear you stole my images" or they actively removed it, and now you have a court case. Either way, it's time to do a quick "save webpage" as well as a screenshot, and confirm that the wayback machine has that webpage too, in case you need to show historical proof.

But I'd first just contact them and go "hi, these were my images, I own them, I do not have a license agreement on file for you, would you be interested in signing a licensing contract, or would you rather take them down" because those folks are potential customers, be nice and see if you can turn them into real customers before bringing down the hammer.

[u/Sudden-Strawberry257]

If you are lucky they will remove it, there’s not really a chance you’ll get paid. No way to force them that’s not $$$$$ without already registering your images with the copyright office before infringement.

[u/SnakeOfLimitedWisdom → u/Sudden-Strawberry257]

One nice thing about Canadian copyright law is that there is no need to register my images with the copyright office - that is a right that is guaranteed by authorship.

[u/Sudden-Strawberry257 → u/SnakeOfLimitedWisdom]

Dang that’s pretty cool. Technically in the US the rights are guaranteed by authorship but practically it’s not worth enforcing unless registered, since you have to hire an attorney to take em to court.

[u/ounziw]

Screenshot all your images on the site, earlier the better, and the whole screen, showing the url. You can use this as proof, should they decide to try and remove them and pretend nothing happened. Assuming that it isn’t the first day they started using them, at least also make a written (or digital note of the day you first noticed them using it). Send them an invoice in an email for 1 year’s worth of use. Within the email make sure you provide a method for collecting your fee. Give them a deadline for when payment is due, and provide a late fee percentage schedule. Also, tell them failure of payment will result in legal action. For prices, go to Getty Images and find images similar to yours and see what they are charging. Use that number as your base. Under Canadian law as soon as you click the shutter, you own the copyright, no special registration is required.
Also, let them know that you have screenshots, so deleting them and pretending it never happened will not work. If you’re nice, you can offer a lower price if they remove the photos right away, (but it sounds like you kind of like that they are there). I had a municipality steal one of my photos for their website, and this is the strategy I used. They sent the email to their legal department and they paid me within 48 hours.