What legal steps can I take if my copyright is violated?
February 6, 2024 | 40,00 EUR | answered by Otto Schäfer
Dear Internet and Computer Law Attorney,
I am reaching out to you as I have found myself in an unpleasant situation and urgently need legal advice. My name is Theodor Sauer and I am a hobby photographer. Some time ago, I published some of my pictures online and now I have discovered that they have been used by another person without my permission. This person has uploaded my photos to their own website and passed them off as their own work.
I am very concerned that my copyright has been infringed and I would like to know what legal steps I can take against this person. I have tried to contact them and ask them to remove my images, but they have ignored my requests.
I am worried that my images will continue to be used without my consent and I want to ensure that my copyright is protected. Therefore, I am asking for your advice on what legal options I have to address this copyright infringement.
Can you please explain to me what steps I can take to protect my copyright and how I can proceed against the person who has unlawfully used my pictures?
Thank you in advance for your help.
Sincerely,
Theodor Sauer
Dear Mr. Sauer,
Thank you for your inquiry regarding the unauthorized use of your photos on the internet. It is unfortunate that you have found yourself in such a situation, but it is important that you defend your copyright and take action against this infringement.
First and foremost, it is important to understand that as the creator of your photos, you automatically own the copyright to these works. This means that only you have the right to decide on the use of your photos and can prohibit others from using your works. If someone uses your photos without your permission, it constitutes a copyright infringement.
In your case, since the person has uploaded your photos to their own website and passed them off as their own works, you have the right to take legal action against them. One option would be to send a cease and desist letter, in which you ask the person to immediately remove the photos from their website and provide a declaration that they will no longer use your photos. If the person continues to use your photos, you can also claim damages.
If the person does not respond to your cease and desist letter, you can also take legal action and obtain a temporary injunction to prevent the use of your photos. In this case, you should consult a copyright lawyer to assist you in this process and represent your interests.
It is important that you gather all evidence that proves the person has unlawfully used your photos, such as screenshots of the website where your photos are published, as well as any communications in which you have asked the person to remove your photos.
I hope this information helps you and guides you in the right direction. It is important that you defend your copyright and take action against the unauthorized use of your photos. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Otto Schäfer
Lawyer specializing in Internet and Computer Law
