Many photographers enter into contracts with clients where the photographer agrees to perform photography services in exchange for payment. But what happens when you don’t get paid after you’ve rendered the services? 

Text copyright Carolyn E. Wright, Esq. All rights reserved.

You’re sitting in your easy chair and surfing the web. You’re not paying much attention, until you see it. It’s your photo, but you did not post it there. You can’t believe they used your photo without your permission. Now what do you do? The steps you take may limit your ultimate remedies so be sure to not act too quickly.

Copyright Carolyn E. Wright, Esq., all rights reserved

It’s easier than ever for someone to steal your photographs in this digital age. While the copyrights for your photographs are created at the click of the shutter, the best way to protect your photographs is to register them with the U.S. Copyright Office. You can register the images yourself, but mistakes in the process can limit your rights.

Finding an unauthorized use of your photograph on the web is upsetting. But what can you do about it? You can contact an attorney for assistance. But if you haven’t registered your photo in advance of the infringement, then you won’t be eligible for statutory damages. Attorneys will take such cases on contingency only under certain circumstances. It then will cost a lot to pursue the infringement when paying the attorney an hourly fee. In the alternative, you can send a cease and desist and/or a demand for payment yourself to the infringer. But such letters are often ignored.

Fortunately, the Digital Millennium Copyright Act (DMCA) gives you another option.