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What recourse do I have if a competitor lifts a photograph I took and uses it on their own website?
I run a small label printing business and recently found a competitor's web site using a photograph I personally took and which was included on an old web site of our own. The picture was removed from our site about 12 months ago and so must have been lifted from there before then. The quality is poor on the competitors site but the implication is that they produced (or at the very least supplied) those labels. What can I do about this and should they be paying for using the picture without asking. I have not contacted the company involved yet as I have no idea what the rights and wrongs of this situation are.
You own the copyright to the photograph and the first thing you need to do is assert your copyright and ownership of the picture and at the same time send them a "cease and desist" letter.
You need to explain what the breach of your copyright stating that as a competitor company this is clearly an issue of theft of your image and that its theft causes a loss to your business and a gain to theirs. You should demand they cease further use and add that you will bring an immediate action for exemplary damages if they don't.
Ask that they confirm how long they have been using the image on their website in order that you can calculate the amount they should have paid you.
Whether you seek monetary compensation is up to you, but you could raise an invoice to them for an amount I have suggested to you as probably acceptable were you to go to court. You could also issue proceedings in the small claims court if they do not pay up.
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