Freelance Diaries

Copyright infringement: when people are stealing your work

13/04/2017
what to do when someone steals your work?

Because of the internet everything seems to be free these days. It’s tricky because for your know it, you’ll be stealing someone else’s property. It’s a crime if you use an image that you randomly found on Google and use it for your blog/product/company.
But what if you’re the maker of this image? I can imagine you feel helpless and don’t know what to do. But you can do a lot and you’re fully in your right to do so.

Unfortunately, it has happened to me often and in the first few years of my career I didn’t know how to respond. When I came in contact with my legal advisor she ensured me I was in my full right when someone used one of my works without asking or crediting me.
When it happened again, I was fed up with it an decided to legal action.

Because this can be quite intimidating, I wrote down how it works.

copyright infringement

Taking without asking is always wrong

First of all: anyone that randomly takes an image from the internet for their own gain, must know that most images are made with love and care by an actual person. People tend to forget that.
The image that was stolen from me was an illustration I made with a lot of love for an online magazine. It took me hours to create. To see it spread over the web without any regard to me, hurt me on a personal level.

Stealing apples
Imagine walking in a street with shops. You see a stall in front of a shop with beautiful apples, pears and oranges. You really want those apples. Do you just take them without asking the shop owner how much they cost, and walk away without paying? I sincerely hope you don’t.
Even when you have no money and you’re really hungry, you can always ask the shop owner if he can spare one. Always ask.
Same thing goes for images you found online: always ask the maker.

The most common excuses people use when they steal an image

“I’ve put your name on the website/blog/product.”

Not good enough. Even if they credit the maker, that still doesn’t mean you can share it. You always need consent of the maker.

“I found it on Google and didn’t know it was copyrighted.”

If someone runs a business and they don’t know Google isn’t a stock image website, they should educate themselves first. Google is a resource website where you can find information on all topics in the world, and also related images. It’s not a free database of images people can use.

“I couldn’t find the maker of the image.”

Lame excuse. If they don’t know who made it, or can’t contact them: don’t use the image. Further more: you can use Google reverse image search to find out who the original maker is. If you still can’t find it: don’t use the image.

“Our intern/A freelance contributor uploaded your image.”

Doesn’t matter: the owner of the website is responsible for all things uploaded on their website.

“I found it on another website, and it wasn’t credited there.”

Then they both are in the wrong and you can send them both a legal letter. Just because it was published already somewhere else, doesn’t mean it’s up for grabs.

Above: the work that was taken by a dozen websites who used it, didn’t credit me and even edited it.

How to protect your work

Protect your work as much as you can
Better safe than sorry: watermark your work as much as you can. Make sure it’s not that easy to steal your image. Add a copyright sign with your full name in all the images you put online. You can see an example of mine above.

Track down the infringer
Google reverse image search is a brilliant tool to see where your image has been uploaded.

Prepare for confrontation
Make sure you know enough about copyright and licenses before entering the battle. You can take on a legal advisor to help you with this. I wrote a blog about copyrights in Dutch a while ago, which you can read if you’re under Dutch law.

Collect evidence
Make screenshots of the websites/platforms that used your work, and save the addresses. If they copied your work and made a physical product, buy the product as proof.

What is your goal?
Do you want them to stop using your image, or do you want financial compensation as well? Decide beforehand what your goal is.
You can even ask them to work with you next time, and pay you for your work.

Contact the infringer
Look for the contact details of the infringer. This doesn’t have to be a written letter necessarily, it can also be an email.
It should contain the following:

– What the infringement is;
– Where the infringement has been found;
– What your damage is;
– The kind of solution/settlement you’re offering;
– The time limit you’re giving the infringer to meet your settlement.

Wait and negotiate
Then you wait until the term you set has passed. Check if the infringer did everything you asked for. If they didn’t, send them another letter or email but be even more firm this time. If you haven’t already, get a legal advisor involved, or buy a warrant from Charlotte’s Law.
In most cases, a firm letter will settle it but if they don’t cooperate, you can take the next step and fight it in court.

These steps are written with help from Charlotte’s Law-blog. You can read more in Dutch about copyright infringement on her blog. If you speak Dutch, don’t miss that.

What if you are the one wanting to use an image you found online?

  • First, figure out who the maker is. Again, use Google reverse image search. If you can’t find the maker, do not use the image.
  • If you do know who the maker is, contact them and ask for permission to use the image and let them know what you will be using it for (what/where/how long). Offer money for a license. This is only fair.
  • Do not edit the image, ever. If you need adjustments, ask the maker to do so.

Comic Marloes de Vries

Left: my original comic, as uploaded on Facebook and Instagram. Right: the edited comic with translation, without my consent.

 

If you know someone who needs help with copyright infringement, do send this blog to them. Spread the word, help creative makers around the globe.

Marloes De Vries

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This blog is for free! But it does cost me quite some time to research and write. If you want to support me, please feel free to make a donation of your choice. Everything € is appreciated! Go to paypal.me/marloesdevries to make your donation.

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