A Word of Warning for All Bloggers!!

DO NOT EVER, EVER use photographs that are not yours or whom you have not received written permission from the photographer (not necessarily the blog author). I received an e-mail yesterday morning stating that I had infringed on a copyright and was being billed hundreds of dollars.

The photo is one that I used from another blog months ago, whom I credited and linked back to. I (wrongly) assumed that the photographer of the said photo was the blog author whom I linked to. This was not the case. The other blog must have gotten the photo from somewhere else and the copyright was infringed upon in that instance as well.

When I received this e-mail, I was so distraught. I immediately called my husband and started bawling. I felt as though I was being accused for a crime I did not commit (or at least not knowingly). Being called a thief was a humbling experience, to say the least, and something I wish NEVER to be called again.

I responded with an extremely humble apology in both an e-mail and a phone call and offered to pay a portion of the cost. I said that I would never knowingly steal someone else’s property and that I am so very sorry.

Her response was downright mean and likened me to walking into someone’s house and stealing.

Wow. More tears.

I paid a hefty penalty, to say the least.

To save any of you from the emotional and financial stress of such a situation, just take my word for it. Use only original photographs, non-copyrighted photographs with whom you have written permission to use, or stock photos you have purchased. Trust me…

54 Comments

  1. I'm so sorry for you. I also noteced few people on the blogosphere, that use someonelses photos, sometimes even without linking back. I suggest, that autors mark their photos.
    I wish you all the best…and bythe way I like your site very much :)

  2. Oh Jenae, I'm so sorry this happened to you!!! It's so sad that the person didn't have a great response to you either – all they would have to do is look at your blog to know that you are certainly know a thief!!! Thanks for your willingnness to share this experience with us so that we can be extra careful!
    I pray you'll have a wonderful day today and that many things will make you smile :-)

  3. Aww. I feel so bad for you. I don't know you personally, but I can tell you are an honest person. Thanks for the heads up!

  4. Oh no! I am so sorry! I love your blog and know that you wouldn't purposefully do such a thing. I hate that you had to learn this in such a difficult way. Too bad this person couldn't have been more understanding and forgiving. :( I hope it works out ok. Thanks so much for all you do. I really do love your blog.

  5. wow! i am so sorry! i've been careful (like you have been too) so i'm really disappointed that something like this would happen. it's even more disappointing that the photographer wasn't more understanding and sympathetic. i mean i can understand knowingly using an image without permission but doing so innocently is something else. i'm sorry you had such a rough day… :)

  6. It is such a shame that people can't be a little more forgiving in the world. Everyone makes mistakes and we should learn to be a little more kind…especially when apologies are being offered! So sorry Janae and I will pray that she will come back to her senses on it.

  7. So sorry for the upsetting email. It will pass and thank you for posting your concerns. I am sure it will help us all.

  8. As a professional photographer, I understand not wanting your photos used to be in fringe of copyright law, but I wish the photographer had been more gracious. I'm sorry you had such a horrible response!

  9. I'm so sorry to hear that… What happened to the blogger whose permission you got but who didn't have a permission to use it either?

  10. Hi Janae~ Thank you for your transparency with us, and for letting us learn from your experience. I began blogging in Oct 10, knowing nothing, so truly appreciate this information! You made a mistake, corrected it, confessed, apologized, paid the consequence, have learned from it and taught others. Thanks for a being a great example and creating a wonderful blog. :) Kristi

  11. WOW! I am sorry to hear this happened to you. Like others, I wish you had been treated more kindly. Thanks for sharing this with us!

  12. That's not cool. I use flickr pictures that are listed with Creative Commons. I think those are covered as long as you let the photographer know and link back. Some of them have different rules for where you can use them, but they are usually pretty clear. Sorry this happened to you. :(

  13. Oh no!!! I am so sorry to hear that! Especially that the person was not very understanding! It would have probably been better if they marked their photos (which I should start doing myself! :-/). Thank you for this post and I do hope this gets resolved for you quickly and smoothly!

  14. Its really sad that this person wasn't willing to be a little more understanding. It's people like that I should be praying for when making someone pay money means more than being compassionate.

    Thanks for the great advice since that is something I personally don't always think of about copyrighted photo's.

  15. Oh, Jenae, that's just awful! I read this post and got a knot in my stomach just thinking of how you must be feeling. I'm sorry you have to go through this! I appreciate you sharing your experience, though. It will make me EXTRA cautious! Thinking of you …

  16. I realized that I am the first person to say this and I hope that it does not upset you further. I sincerely hope that you confirmed that the person who sent you the email really did own the photograph.

    I had an attorney contact me and threaten to sue me because the name of my organization was "trademarked" by company "very similar name". I happened to be very familiar with trademark law and did some research without an attorney. We, in no way shape or form, infringed on their 'actual' trademark. The attorney contacted us several more times. I sent him a letter telling him never to contact me again unless he was going to seek legal action. He never did.

    I really hope that you didn't pay money to someone who "said" that they have a copyright. I trust that they provided you with solid proof of who they are and their claim.

  17. Jenae, what a truly horrible experience! But, I wondered are you absolutely sure that it was genuine? There are a number of copyright infringement scams circulating on the internet at the moment – most of which exist just to get you to open an attachment file and unwittingly download malware or a virus onto your computer. Others do seem to be aiming at getting your money however:
    http://www.mxpolice.com/spam-trends/new-wave-of-copyright-infringement-spam-surfaces/

    also this article which seems to echo your experience
    http://turnkeypublisher.com/2011/06/27/beware-of-stock-photo-entrapment-extortion-scam/

    It would be more usual to receive a cease and desist notice in writing rather than an email first and these sort of transactions are not normally conducted on the telephone. If you haven't already done so, it might be an idea to get some legal advice first especially if credit card details are involved.

    This is a subject that is very close to my heart as my husband has to ask for copyright permission almost every week for the theological material he republishes on his websites. Copyright law is a minefield and unfortunately scammers are out and about exploiting this, sometimes very convincingly.

  18. Oh, no! I'm sorry this happened to you, and not some of the others who use images that I know they shouldn't be using.

    Sometimes I've felt silly for using only public-domain images (along with my own), but now I'm feeling vindicated.

    Please keep blogging! I love the things you share!

  19. Maybe you should pay the fee (or not, depending on the proof that they can provide that it was their photo), then write up a story on your blog-complete with the photographer's name that was so horrible to you. It was a simple accident, but she didn't have to be so mean about it. All is fair in love and blogging.

  20. So sorry this has happened. I appreciate the warning. And I love your blog. Perhaps I will put a watermark on my photos now just so everyone knows they are mine… That may be a good practice anyway, just in case they end up on pinterest :) Hope your day gets better!

  21. I am sorry that you had this experience. Thank you for sharing it with the rest of us so that we can learn from your hard lesson. I know that I feel free to take images as long as I credit back, but will stop that practice now that I have read your post.

  22. WOW JUST YESTERDAY i found out that a woman is taking my photos from my blog, hundreds of them and calling my children her own, claiming to be me under a different name, my dogs, mu husband…she has family vacation albums, honeymoon albums…..so crazy, this is hitting close to home

  23. I am sorry this happened to you but I do sincerely hope you will take all necessary steps to verify that the rude person who contacted you demanding money is legitimate and that you will share who it is so we won't do business with them!
    Casey Wiegand – I hope you have contacted the police about your identity theft situation! Creepy!

  24. My first thought was that it was a scam. But I don't think it is. If it was, she went to amazing lengths to provide evidence (including her copyright info, etc).

    Casey, I agree with "Anonymous"…you need to call the police and ask what you can do or at least contact the hosting provider for the website that stole your stuff and tell them they need to shut her/him down! That is absolutely creepy!

  25. Terrible! So sad to see this has happened to you. Thank you for sharing your learning experience. I will be extra careful with my blog…I would never have thought that a picture from another blog was not their own. Clearly you tried to give credit to who you thought the photo belonged to.

  26. I don't know much about this, but that sounds absolutely ridiculous! I wouldn't be paying any money if I was you. It sounds as though it was a simple mistake and you appologized for it. This must be some award-winning picture! ;). Stinks that this had to happen to you.

  27. So, this may not be the right thing to ask, but what was the picture? and since you've now paid for it, do you at least get to keep it? sorry, that's probably really rude to ask, but I was raised that it never hurts to ask, the worst that can happen is you find out something you really didn't want to know or they don't even answer you.

  28. That's so awful that you were put through that. :( So what about Pinterest? When we pin pictures from websites? Is that copyright infringement???

  29. It's terrible that the photographer had to treat you so poorly. Obviously (as someone else said) they'd just have to take a look at your blog, calm down, and realize it wasn't on purpose!

    I hope this doesn't deter you! I love your blog and have passed it along to many people so they can enjoy and learn, too.

  30. I would not pay money until a lawyer contacts you…just in case it is a scam. Also, I was wondering the same thing as some others, what was the picture??
    sorry that the event upset your so much! :'(

  31. Oh my goodness, that is TERRIBLE! I would be bawling too, especially since the photographer was so mean! Thank you so much for the warning!

  32. I agree that you should check into this before you pay anybody anything. This was purely a mistake and if this is on the up and up I would make her prove that the photo was hers (or his) and then contact a lawyer to see what your rights are. I don't think that they can just "send you a bill" and expect you to pay it. I really really hope you didn't pay already.

  33. Jenae you are a genuinely sweet person and it makes my not so sweet side come out that someone was like this to you! I am really sorry you had to experience such unkindness!

  34. I'm nervous about pinterest now too! If you find an answer, please pass it on. I'm sorry this happened to you…

  35. Oh, that is horrible! I've had photogs ask me to credit them correctly (even tho' I *had* credited them AND their photo was marked CC). But never told me they were charging me! And to be mean about it! :(

    I'm so sorry!

  36. If these claims are real, we should start a fund for her. it must be hard to pay hundreds on something you didn't know was unlawful.

  37. I didn't see anyone else ask, but I'm wondering why you have to pay a fine when the other blogger was the one who did the copyright infringement. You said that you linked to the blog author that you got the picture from assuming it was their picture. If they made the mistake and broke the law, why do you have to pay too since you did things correctly?

    Sorry this happened to you and I pray things will work out for you in the end.

  38. I would have laughed and said bite me. That's such crap. They'd have to sue me. Sounds like a scam. No one is that cold. And if they are, let them keep sending paperwork. They aren't going to jail you.

  39. I agree with #44 comment. they arent gonna jail you. that is a scam! I hope you didnt pay.People are trying to get money out of something nowadays! sorry for your experience.but..thanks for the heads up.

  40. I’m so sorry this happened to you! Must have been awful!! I’m just starting my own blog so I really appreciate you sharing this experience.

  41. I am curious to know if the copyright info on the picture was on the front of the picture? If not, why would you be held liable? If the copyright information was not noticeable how are you suppose to know? Did you remember to tap into your crystal ball that day? Another post was in regards to pinterest…..any thoughts on the liability there?

  42. I really hope you did not pay anyone any money. This “photographer” was not acting according to copyright laws. There should have been a cease and desist letter from a law firm and no fees. I handled a lot of copyright infringement cases with a very large company (with a mouse mascot) and there are rarely fines involved if someone willingly ceases to use the copyright material or hasn’t used it for financial gain. If there was no official letter or legal action, I’m sorry to say you were probably scammed. I hope you kept the info and ask them to give your money back or YOU should take legal action.

  43. Mandy is right. I really hope you haven’t paid any money. She’s got it exactly right. It makes me SO mad that someone would be mean to you to begin with, but to take advantage of you in this way infuriates me. You provide so many great ideas and it makes me so happy to read your blog every day. You seem so nice and GRRR!!!! Yes, you shouldn’t have used a photo you didn’t have permission to use, but it was an HONEST mistake. And you’re being scammed.

    There are “creative commons” photos you can use on flickr.com, too, a lot of people ask me before using the photos, so you could contact, though if they’re under this license they’re supposed to be usable.

    1. Actually, another blogger contacted me about this exact photo and photographer doing the same thing to her. Only she got the photo from a creative commons site (I’m not sure which one). I think photographers are now getting money from people by putting their pictures on creative commons sites, then removing them and putting them on a paid site where the photo is then copyrighted and watermarked. Then they go after people who used their picture from the creative commons site.

      Thanks so much for your encouragement!

  44. Thanks for posting this Jenae…I read it when you originally posted it but just re-visited it after having questions about some pictures I wanted to post…I guess I’ll just link to the site instead of copying the image. It doesn’t seem right that you can get in trouble if you cited the source that you got the picture from. The internet is a whole different world from citing sources and pictures from actual books!

  45. I had a person once hotlink a photo of mine and not give me credit for it (she said my internet name was too silly for her to put on her site). Since she was using it off my server, I just changed the image so instead of the photo she thought she had it was a graphic that said “This photo was used without permission. That’s wrong.” Or something to that effect. She got real mad at me for that, but it was my image on my server…

    A few people asked about pinterest. Yes, pinning a photo you do not have permission to do so is infringing on copyright. If someone has a “Pin It” button on the post or by the photo you can assume they are giving general permission. For images I do not want pinned I have added code so that it is not possible.

    I have copyright notices on my site but have not put them on each individual image. Putting a notice plainly visible on the site is enough and it is not required for each image.

  46. This is a common practice that some companies use to try and make money off the little guy. I would have just removed the image and told them that’s all I’m going to do and they are not getting one red cent of my money. If they want to pursue it any further they can contact my attorney. Never let yourself get pushed around. The fact is I doubt they would have sued you. They send out thousands of these notices in holes that people will get scared and just fork over the money. You shouldn’t have paid them anything at all. I think you may have been taken for a ride. I’ll bet it was probably Getty Images too. They are a bunch of bullies. I never would have paid them a penny.

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