An influencer posted my photo without permission. What can I do?
December 8, 2023 | 40,00 EUR | answered by Johann Kock
Dear Media Law Attorney,
I am reaching out to you because I recently discovered that an influencer has posted my photo on his social media channels without my permission. I am Martina Schwaru, a hobby photographer, and I took and edited the photo in question myself. It is a work that is very dear to me and that I do not want to easily spread on the internet.
The influencer used the photo without any permission from me and did not provide any copyright notice or source attribution. I feel violated in my rights as the creator and am concerned that my work will continue to be used without my consent.
My question to you is: What legal actions can I take to address the unauthorized use of my photo by the influencer? Is there a way to have the photo removed and potentially seek damages? I want to ensure that my intellectual property is protected and that such violations of copyright do not go unpunished.
Thank you in advance for your support and advice on this matter.
Sincerely,
Martina Schwaru
Dear Mrs. Schwaru,
Thank you for your inquiry regarding the unauthorized use of your photo by the influencer. As a media law attorney, I can assist you in this matter and explain the legal steps you can take to address the infringement of your copyright.
First and foremost, it is important to know that as the author of the photo, you automatically own the copyright to it. This means that no one can use, reproduce, or publish the work without your permission. By using your photo without authorization, the influencer has violated copyright law.
To address this infringement, you can start by sending a cease and desist letter to the influencer. In this letter, you demand that the influencer immediately remove the photo from their social media channels and provide a cease and desist declaration. In the cease and desist declaration, the influencer commits to not using the photo in the future. If the influencer refuses to respond to the cease and desist letter, you can take legal action and, for example, obtain an injunction or file a lawsuit against them.
In addition to the removal of the photo, you can also claim damages. The influencer may have gained a financial advantage through the unauthorized use of your photo, which you can claim back as the author. The damages are usually calculated based on the licensing fee that the influencer would have had to pay to use the photo legally.
It is important that you gather evidence of the unauthorized use of the photo, such as screenshots of the influencer's social media posts. The more evidence you have, the stronger your position in a potential legal dispute.
I hope this information is helpful to you and I am available to answer any further questions you may have. Please do not hesitate to contact me if you need further legal assistance.
Sincerely,
Johann Kock
Media Law Attorney
