Images grabbed from my site

I recently found images from my photography site (I am a Freelance Photographer) on a business's Facebook Page as their avatar.
I have never posted said images anywhere but my website. On my site it clearly states. That usage of images without permission is theft.
Can I do anything?

You can file a DMCA takedown notice. Information on how to do this, and what to include in the notice, is available on the Copyright Office's official website: http://www.copyright.gov.

They have started pulling the images as soon as I gave them notice of legal action. I took screen shots of each usage of the images for future reference. A bill has been sent. Stand by....

photo guy said:

They have started pulling the images as soon as I gave them notice of legal action. I took screen shots of each usage of the images for future reference. A bill has been sent. Stand by....

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A bill for what?

"a bill for what?"

....use of my images for marketing purposes on their business site.

Why?

photo guy said:

"a bill for what?"

....use of my images for marketing purposes on their business site.

Why?

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Did you have a contractual relationship with this party?

No. The images they used were literally taken from my Professional site. He admitted that his site admin. Copied and pasted my images from my site to his (got it in writing).
According to law the images are my property as soon as the shutter snaps regardless of if I was hired to do a job or not. Unauthorized use without consent is a violation.
I always get a model release from my "models" as well.

Just curious...have you dealt with this before?
I always appreciate input and honesty.

Thanks

How can you "bill" the other party for usage if you have no contractual relationship with the other party?

Better would be a settlement for copyright violation offer, not a "bill". As Zigner points out, you didn't have a contract with the person. All a bill does is confuse matters and, if you act on it in any way (court, bill collectors, etc.) you will find out it had no legal effect and will probably get you sued.

tranquility said:

Better would be a settlement for copyright violation offer, not a "bill". As Zigner points out, you didn't have a contract with the person. All a bill does is confuse matters and, if you act on it in any way (court, bill collectors, etc.) you will find out it had no legal effect and will probably get you sued.

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Thanks Tranq - I wasn't trying to be a jerk about it - I was simply trying to get the OP to think it through. Your information is spot-on

Thanks guys. Good stuff to know. It was worded as copyright violation. I said bill on this post. Sorry for the confusion.

There has to be a way to stop grabs like this from happening all the time. I have a fat watermark in the middle of said images and it still didn't stop these guys. I hear of it happening all the time. Guess it is my turn. What are the community's thoughts on this? The Proffesional Photographers Association says they will fight for us in these situations.

The sending of a bill now (which is generally an itemized statement of the actual amount of costs owed by one to another) does not preclude the sending of a settlement demand letter later (which generally details the infringement, states a specific dollar amount to be paid often based on the amount of statutory damages that could be awarded, and will threaten legal action if it is not paid).

If both a bill that is sent and any subsequent demand letter that is sent are ignored by the business, photo guy still has the option of suing the business for copyright infringement. He does not have to go the collections route.

Both a bill and a demand letter, in other words, are designed to accomplish the same goal - to get the business to compensate photo guy for the use of his photos on the business website. Either could put an end to any dispute over the illegal use of the photos, if the dollar amount photo guy is asking is a reasonable one and the business pays that amount.

I guess it is always possible, too, that photo guy is using the word "bill" when what he actually sent was structured more like a demand letter.

Oops. I see that you posted, photo guy, while I was composing my post. Hopefully the business will pay what you are demanding and the matter can end for you there.

As for thoughts on copyright infringement on the internet, unfortunately there has been no good way to prevent it yet. Many people still believe that if material is found on the internet, it is free for anyone to use - or they figure they won't get caught so they go ahead and use it anyway. Right now all a copyright holder can do is monitor the internet for illegal uses of their copyrighted material, file DMCA takedown notices when necessary, and threaten to sue, or actually sue for infringement if it comes to that. It is good to hear that the Professional Photographer's Association will work with freelancers like yourself to handle infringement of their photos when it occurs.

reality check

Someone used your web resolution sample artwork as a facebook avatar.

Your damages are easily in the high 5 figures.



The image is already taken down.

I suggest you see how far your trade organization is actually willing to go with your vendetta because I am quite sure there are hundreds of people in similar situations to your own fighting for an image to be simply taken down under far more expropriating circumstances.

I guess if he sends a bill for the use of the picture and the bill is paid, the business can then put the picture back up, right?

I think that the OP needs to make sure he is clear about what he is billing for.