What to do when you find your image has been stolen?

I found a local contractor who is using one of my photos on the side of their construction trucks and vans.  Can someone tell me what is the best way to handle this?  I know it's my photo because I sent 3 of my images to them for consideration, which was at their request.  They didn't want to pay my price and said they went with another photographer.  Now 2 months later, I see my photo on their magnetic signs on their trucks. 

What can I do?

Ideally you still have documentation of your conversation with them. And of course proof that the image originated with you.

The hard part is figuring out what their use of the image is worth. Try going to a stock image site (Getty, Shutterstock, etc) and price out the use as well as you can match what you see them doing.

Then increase that number to a painful level and approach the company very politely in a written communication (certified letter, return receipt and all that). Spell out the situation clearly, so they know you know what they've done. Then inform them that the license fee after the fact of copyright violation (federal law and all that) for commercial use is (your $$ amount here). You expect payment via cashier's check by (a reasonable date).

Don't start off threatening, simply state the facts. Don't mention lawyers. Don't try to explain the law. Do not try to defend your copyright; it's yours and doesn't require defending. If they claim that you gave them permission to use the image, request documentation of such, and remind them that license for use of copyrighted materials is never implied; it must be specifically granted.

In the meantime, try to find a lawyer that understands copyright law. They don't all do that. There's another thread on here where someone got completely incorrect advice from an (alleged) lawyer.

If they push back, you'll need to point out that they've broken the law, and the courts side with the copyright holders in situations like these. If you're forced to consult a lawyer you will of course be seeking licensing, damages and expenses.

Whether the pain point is something you want to negotiate is up to you, but don't by afraid to stand your ground. They're using your work to make money; that's wrong, and illegal.

Good luck. Please let us know of the outcome so that others can learn.

Good post from Gary, take the calm approach, have a plan with multiple scenarios prepared.  This might even be an overlook, that you'll end up getting paid for. 

I don't think I could add much more than what Gary said.  That's a good answer.  Bottom line, don't get emotional about it, be professional, and have a thought out plan for this discussion.  

And...  get photographic evidence of their infringing use of your images. I.e. take some shots of their trucks.

Yes plausible it was an overlook.  With all the crooked people out there, I wish I could be optimistic, but sorry to say, that ship has left port long ago.  You've been given some great advice here.  Spend some time putting together a thought out strategy and go for it.  Post up how things turn out, would be interesting to see how they respond to you. 

garyrhook wrote: Ideally you still have documentation of your conversation with them. And of course proof that the image originated with you.

The hard part is figuring out what their use of the image is worth. Try going to a stock image site (Getty, Shutterstock, etc) and price out the use as well as you can match what you see them doing.

Then increase that number to a painful level and approach the company very politely in a written communication (certified letter, return receipt and all that). Spell out the situation clearly, so they know you know what they've done. Then inform them that the license fee after the fact of copyright violation (federal law and all that) for commercial use is (your $$ amount here). You expect payment via cashier's check by (a reasonable date).

Don't start off threatening, simply state the facts. Don't mention lawyers. Don't try to explain the law. Do not try to defend your copyright; it's yours and doesn't require defending. If they claim that you gave them permission to use the image, request documentation of such, and remind them that license for use of copyrighted materials is never implied; it must be specifically granted.

In the meantime, try to find a lawyer that understands copyright law. They don't all do that. There's another thread on here where someone got completely incorrect advice from an (alleged) lawyer.

If they push back, you'll need to point out that they've broken the law, and the courts side with the copyright holders in situations like these. If you're forced to consult a lawyer you will of course be seeking licensing, damages and expenses.

Whether the pain point is something you want to negotiate is up to you, but don't by afraid to stand your ground. They're using your work to make money; that's wrong, and illegal.

Good luck. Please let us know of the outcome so that others can learn.

This is the case of getting a Copyright lawyer, and having him handle it. He will need to get some of the evidence from the printer, who will have the file for later printings. I doubt that the contractor was smart enough the actually change the file names before submitting them for printing. This is a clear violation for commercial puposes, and I would bend them over, and use sand as the lube. Good luck.

garyrhook wrote: And...  get photographic evidence of their infringing use of your images. I.e. take some shots of their trucks.

I was going to say the same thing.  Before you approach them, get some evidence.  

Joves wrote: This is a clear violation for commercial puposes, and I would bend them over, and use sand as the lube. Good luck.

You and sand, dude. 

Get some professional information on options on how to resolve this. Try  http://asmp.org or look up PPA. Maybe look at  http://www.pdnonline.com since they cover commercial photography and see if they have anything about dealing with unauthorized use of photos. Consulting with a lawyer would be an option to find out how to proceed.

Talk about support, thanks everyone for your answers!  Now I drove my their location yesterday and none of their trucks were in their parking lot.  I know on the weekends there will be a few of the trucks parked there.  So I'll head back tomorrow to get some photos.  I'll keep you all posted on this.  

Keep in mind, don't play the fool card.  After you approach them and they might make an offer to meet in the middle.  What ever it is, go home and sleep on it vs making a decision on the spot.  They are the ones who are wrong and you have the ball in your court.  Stay resilient to getting a fair deal, and make sure you have plenty of time to consider any offer.   Good luck.  

Drove by this morning and figures they were there doing something in their trucks.  I waited from a distance and was able to get some zoomed in shots.  These will work, but not as close as I want.  I'll try back later today or tomorrow morning.  

garyrhook wrote:

Joves wrote: This is a clear violation for commercial puposes, and I would bend them over, and use sand as the lube. Good luck.

You and sand, dude. 

When it comes to thieves you bet. If they though my price was too high to not use my images, but then stole them, once the lawyers are involved it goes up 10x. That would get me a settlement at up to three times easily.

  and there is a paradigm shift the size of the Kool aid guy busting through a wall!