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ItalianoYou have just found your photo on a website, an online shop or a social account that never asked for permission. Good news: copyright law is on your side in almost every country. Here is the method, in the right order, to turn that theft into a takedown or a paid licence.
Check that the use really is unauthorised
Before doing anything, make sure the use is not covered by a permission you may have forgotten: a client you licensed the image to, an agency or stock library that distributes your work, a competition whose rules allowed publication, a press partner.
Also keep the legal exceptions in mind. They vary by country: fair use in the United States, fair dealing in the UK, Canada and Australia, and a closed list of exceptions in the EU (quotation, criticism, news reporting, parody). An online shop, a company website or an advert almost never qualifies.
List every place your photo appears
A site that stole one photo rarely stole just one, and a stolen image often spreads to several sites. Before writing to anyone, find every copy: you will contact each site once, with a complete file.
- Run a reverse image search on several engines (Google Lens, Bing, TinEye).
- Also test the other photos from the same series: they are often copied together.
- For each page, write down the exact address, the date and the type of use (article, product page, advert, social post).
Frolay Protect automates this step: you upload your photos, it queries the engines, checks that the image really is on each page and filters out your own sites and authorised clients.
Capture evidence before any contact
This is the most common mistake: writing to the site before keeping a record. As soon as they read your message, the image can disappear, and with it your leverage to get paid.
At a minimum, keep a full-page screenshot with the address visible, a copy of the page code, the date and time, and proof that you are the author (RAW file, metadata, first publication). Our guide on how to prove a photo was used covers each item.
Find the right person to contact
Depending on the site, you will write to different people:
- The site owner: look for a contact page, an imprint or legal notice (mandatory in the EU), or the company behind the site.
- The hosting provider: if the owner does not reply or cannot be found, the host must act once properly notified (DMCA in the US, Digital Services Act in the EU).
- The platform (Instagram, Facebook, Pinterest, Etsy, Amazon…): each one has a copyright infringement form.
For sites in other countries, the domain registrar and the host’s “abuse” contact are often the fastest to react. Frolay Protect identifies them automatically.
Choose your goal: removal or payment
Two strategies, sometimes combined:
| Goal | When to choose it | Best letter |
|---|---|---|
| Get the image removed | Personal site, little commercial use, foreign site that is hard to make pay | Takedown request, then a notice to the host or a DMCA notice |
| Get paid | Company, shop, agency, media outlet, advertising use | Retroactive licence invoice or cease and desist letter with a licence offer |
Many photographers start with a friendly settlement: the site pays for a licence after the fact and may keep the image with the right credit. It is often faster than a forced removal. To set the amount, see our guide on how much to charge for an unauthorised photo use.
Follow up, then escalate if needed
Allow a reasonable deadline (7 to 14 days) and send one reminder. If there is still no answer, send a formal cease and desist letter, then notify the host. If the stakes are high, a copyright lawyer can take legal action. Time limits vary: 3 years in the United States, 6 years in England and Wales, around 5 years in France, so do not wait too long.
Key point: copying a photo without its author’s permission is copyright infringement in all 181 countries of the Berne Convention. Depending on the country, the infringer may owe damages, the profits made, and in the US up to $150,000 per work in statutory damages for wilful infringement of a registered photo.
Frequently asked questions
What should I do first when I find my photo stolen?
Capture evidence before contacting anyone: a full-page screenshot with the address, the date and time, and a copy of the page code. The site may remove the image as soon as it receives your first message.
Can I ask for money for a stolen photo?
Yes. The author can claim damages or, out of court, offer a retroactive licence. The amount usually starts from the licence fee for the use found, often increased because there was no permission and no credit.
Do I need to have registered my photo to act?
In most countries, no: an original photograph is protected from creation under the Berne Convention. In the United States, you must register with the Copyright Office before suing, and early registration unlocks statutory damages, but you can send a DMCA notice without it.
How long do I have to act?
It depends on the country: 3 years from discovery in the United States, 6 years in England and Wales, about 5 years in France. Act quickly anyway, as evidence disappears fast online.