Stop Using My Images!

Hello everyone. I’ve been meaning to ask this question for a while now. Going through my website stats late last year, I came across a web site that is hot linking to four of my images. It’s a website based in Colorado Springs, and he’s using them somewhat randomly, for decoration (he’s a therapist). There is also one image hot linked right from the RMNP Hotspots section on this site. Needless to say, this is being done without my permission, and also without any kind of photo credit to me.

I know I’m not unique in having this issue, but not sure exactly how to proceed. Obviously I could just pull the images off my site, or rename them to break the link, but kind of want to confront, if for no other reason than to educate the guy. Also thought about making up an invoice for image usage and sending it his way to see the reaction I get, imagining he’ll simply take them down.

So, just curious what you folks have done in this situation, or what you would do if confronted with it. Thanks!

I say you should make a new image with the same name saying something like "This images is stolen and I didn't ask to use it" and see what reaction you get.

I was thinking the same exact thing. Change the image out from underneath him to something else, or put a message on it. The only sad thing is he will just move on to steal someone elses work.

Personally I think the upfront confrontation and warning is best. Sending along a little note with a quote from the US Copyright Law which includes internet usage would work. Also a little group intimidation usually works too. So what's this Dude's name?

I suggest the message thing, too, but even better. Make a big text banner that says something like "PSYCHOTHERAPY IS A SHAM!!! THIS GUY IS RIPPING YOU OFF!!!," and then, just to add the right touch, include a link to the Church of Scientology. That would be similar to something I saw happen several years ago, where some Chinese company was hotlinking to several people's images, so one of them changed the image to a Tibetan flag and huge "FREE TIBET" text.

I like Todd's idea

How about this?

"This image was stolen by Dr. So and So for use on his website in violation of the U.S. Copyright Act."

This way, other visitors to your own site will understand the reason for the message.

I love Todd's idea. That is freakin classic. You gotta do it Brent.

RichieV

...if for no other reason than to educate the guy

It could well be that this guy has no clue that he is violating copyright law and just found some awesome shots he likes and wanted to decorate his website. I would suggest a very professional and courteous letter explaining his violation, that you put great effort into your art, and request that he compensate you as you think is appropriate (money, a link to your website, or that he remove the images--whatever).

If you do not get a satisfactory (or timely) response, then some of the ideas mentioned above might be in order. Give the guy the benefit of the doubt. Who knows, it could work out to your benefit in the end. Let us know how it plays out.

Another vote for Todd's idea!

While Todd's idea is fun to think about doing, I am in Philip's camp early on. Make contact and see if the guy is willing to provide some compensation for using the images. Maybe, with a little work on your end, your thread title could eventually be changed to "Another customer for my images!". If after contact there is no progress towards an agreeable solution, then changing the images might be in order.

Yeah with hotlinking you have a golden opportunity for some prankery... +1 on Todd's idea!

With unauthorized usage in print it's a bit easier to handle... just send them an invoice along with a stern cover letter. Usually works.

In all seriousness, I think Phillip's proposal is actually the best route. You could also explain to him that you sell prints that he might like in his office.

Mel-

Thanks everyone! Really appreciated. I have in fact done the "this image is stolen" image switch before, on a blog I didn't want to associate with. Love the "China/Free Tibet" one though!!

I think I'll start along the lines of Phillip's post. I have very serious doubts I'll get any money out of this, but hey, who knows!

Thanks so much everyone! I'll let you know what becomes of it all! Hopefully soon!

I've requested money for stolen images before. Was surprised to get $150 for one. On the other end of the spectrum, I got a call from a crazy guy in Vegas at 2am (must have seen my night photos and decided to be couteous by calling in the middle of the night :). He muttered something about having gotten the images legitimately from another site (was, of course, lying). I decided not to pursue getting money from Crazy Vegas Guy - he did remove the image.

I now disable hotlinking by putting the below code in .htaccess file:

RewriteEngine on
RewriteCond %{HTTP_REFERER} !^$
RewriteCond %{HTTP_REFERER} !^http://(www\.)?naturephotographers.net(/)?.*$ [NC]
RewriteCond %{REQUEST_URI} !/bannernew1.jpg$ [NC]
RewriteRule .*\.(jpg|jpeg|bmp)$ http://www.gcollier.com/hotlink.gif [R,NC]
RewriteCond %{REQUEST_URI} !/$ [NC]

The 3rd line allows naturephotographers.net to hotlink (you can add as many of these lines as you want to exempt sites. The 4th line allows anyone to hotlink to bannernew.jpg. The 5th line replaces hotlinked images with the image hotlink.gif.

This code can backfire, as there may be places you want to hotlink your images that you didn't even think about. So it's not for everyone.

Yeah, but does the doctor even care if Tibet is free or not?

Seriously, try Philip's first then go to Todd's would be my 2 cents.

You should definitely go Phillips route first. Why would you risk burning a bridge that you might not need to? Tell him you’re glad he likes your photography, and politely explain your copyright stance. Then offer to work with him to sell him some fantastic pieces for decorating his office.

Call him, or go visit him in person, don’t just send an email. Offer him a discount if he buys $x amount or a discount if he’s willing to let you print brochures of your work for the coffee tables in his waiting room, etc.

Reputation is everything; referrals get you sales, and get your foot in the door. There’s a chance maybe he just really likes your work, and is ignorant and has never thought about the implications of his actions. If you act in an unprofessional manner you risk losing a potential customer and every other potential customer he chooses to talk to if you handle the situation improperly.

I had a similiar incident with a glass company that I'm sure most of us have used at one time or another. After a couple of one on one conversations starting at the bottom and working up to the owner the issue was resolved. I ended up with several cases of very expensive glass a win-win in my eyes. I would certainly start out in a civil manner using some of the suggestions above. Don't get to hot during the exchange giving him ammo to use against you.

Todd!! You are so funny!!! I died laughing after reading the "Free Tibet" stuff.

I love the "Free Tibet" idea. You could also replace the picture with an advertisement selling your photography.

Thanks again everyone! Really appreciate the help.

So, I sent them a letter last week, and just looked this AM to see that he in fact did remove all my images recently! He hasn't replied back at all, not sure he ever will, but that's OK. At least he's been educated a little. That being said, the other images he's "using" are still there, including the one linked from the RMNP Hot Spots page for Rocky Mtn Natl Park in Winter, Tom Mangen's pic. So, he hasn't learned it all the way yet!

Anyway, thanks again. Also, Scott Bacon sent me this link a bit ago that will be very hwlpfull in the future, thought everyone would like it too: http://photofocus.com/2009/05/12/dmca-protection-for-photographers/