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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33038
Experience:  Over 25 years experience in law
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Can you please tell me where I stand regarding someone using

Resolved Question:

Can you please tell me where I stand regarding someone using one of my photographs (I am an amateur photographer) on their website without my permission? I had been previously contacted by this person to take photographs for their housing development company but once they received my cost declined my services. Months later they now have one of my images in their new website.
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
In short, most images and photos are likely to be protected by copyright. This means that a user will usually need the permission of the copyright owner(s) if they want to copy the image or share it on the internet. When someone infringes copyright, there are various courses of action which could be taken by the individual or organisation which owns the copyright. The user of the image may be asked to purchase a licence, and a commercial arrangement might be reached after which no further action is taken. However you can take legal action by bringing a claim in court which could result in having to go to court for a hearing. I would suggest that you write a letter to them setting this out and threatening legal proceedings.Court cases can be expensive, as they may result in the user of the image paying the cost to use the photo, legal costs of themselves and the copyright owner and possibly other financial compensation for copyright infringement. This could amount to more than the cost of a licence to use the image. Further, the user of the infringing copy could also be asked to take down the image from websites as well, for example.Deliberate infringement of copyright on a commercial scale may also lead to a criminal prosecution.Even in situations where people may think their copyright infringement will not be detected, they run the risk of being discovered and consequently being pursued through the courts.
Customer: replied 2 years ago.
Unfortunately you have not told me anything I did not know, what I would like to know is do I have any grounds for compensation?
As stated previously I did ask for the image to be taken down and was told that it will be removed when he speaks to his web designer but their was no urgency to this statement.
Expert:  Thomas Judge replied 2 years ago.
You would have grounds for compensation as he has used your image without permission. You would be entitled to the loss (or if there is a fee you would usually charge) for his usage without licence. Please change from a negative to a positive rating - thanks
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