In my previous post on copyright violations, I described the situation which inspired me to write about this topic:

I could have responded in numerous ways - including taking no action. At the other extreme, I could also have sued, claiming improper use of my copyrighted image.

High-profile photographer Chase Jarvis had a long-running lawsuit with a sporting goods company, claiming unauthorised use of his images. He provides a number of recommendations (see his blog post for the full article), and recommends keeping good records, but more importantly, he says you should always try mediating before litigating.

In relation to litigation, he says:

You're probably wondering how I reacted when I saw one of my photos being re-used without my permission in an internal employee-only publication at my workplace.

Providing permission is requested, I am generally happy to allow non-profit use of my photos (and I always specify that an appropriate credit is to be included with the photo). However, if someone uses one of my photos without permission, then I get pretty peeved! I wasn't going to just let this one slide.

Another motive I had for following this up with the editor who had used the image without permission was to educate them - to ensure they were aware they couldn't just use any image they found on the internet. While using an unauthorised image in an internal employee-only publication, using an unauthorised image in an external publication or marketing material could be much more damaging, if the copyright owner decided to take legal action.

I spoke to my immediate manager about it, and he subsequently escalated to his manager. Neither wanted to comment on the situation without knowing the legalities of the issue, and we sought out the contracts expert in our office. There was no disagreement that the photo had been improperly used without permission, but I had to decide how I wanted to respond to the situation.

I certainly didn't want to possibly jeopardise my employment by over-reacting, and decided to contact the colleague who edited the publication that had used the photo without permission, to discuss an appropriate resolution.

I emailed the editor of the publication, informing them that the image they had used was a copyrighted image, and it shouldn't have been used without first seeking my permission.
I also pointed out that I normally do not have an issue with my photos being used in non-profit publications, providing my permission is first requested, and an appropriate credit to myself is included with the photo.

I requested that they publish a written apology in the next issue of the publication, with the wording of the apology to be reviewed by myself prior to publication.



The response I received to my email included an apology, and agreement that the copyrighted photo should not have been used without permission. As per my request, an apology was subsequently included in the next issue of the publication.

The editor also indicated that the editorial team was keen to use my photos in future issues of the publication (with appropriate permission and a credit). After some correspondence, another of my photos was selected for use in the next issue of the publication.

The wording of the apology which was published in the next issue was:

I'm happy with the outcome, as the editor is now aware of the limitations of using images without permission, and an apology to myself was published in the next issue of the publication. The editorial team is also keen to use my photos in future issues, and has agreed to adhere to the conditions I've specified (and the wording of the credit provides additional exposure to myself and my website).

If you use any images on your website, or in any publications, ensure that you check the licensing on the image prior to using it, and if required, seek appropriate permission from the copyright owner.
Note that there are many images available on the internet that can typically be used without requiring you to seek permission. For example, when searching flickr, you can specify that you want to search within Creative Commons-licensed content. Be sure to read the CC license details, but typically, a CC license means you can reuse an image, providing you attribute the source of the image. There are a number of variations, including CC licenses which specify non-commercial use only, no derivative works, etc.


If anyone wants to use any of my images, please contact me to discuss your requirements.