If you’d like to receive my blog in your in-box each week, click here.
The first email came in German. I do not speak German and I assumed it was spam, so I deleted it.
But shortly after that I got an email from the same address in English, telling me that I was “likely using an image without permission“ (boldface in the original) in breach of copyright for a photograph I used in one of my blog posts several years ago.
I do indeed use stock photos for my blog posts, and the email included a thumbnail of the one in question—which I recognized—so this got my attention.
The company writing to me intimated that they were working for the owner of the image, “who has assigned us the monitoring and protection of their licenses and image rights.”
They offered a schedule of payments I could make to rectify the matter unless I could produce a license—about four hundred dollars to continue to use the photo and another four hundred for having used it to this point.
The verbiage in the email sounded pretty intimidating, emphasizing that “the client has exclusively commissioned us with the clarification, administration of the image rights for the territory of the Federal Republic of Germany and, if necessary, the enforcement of any copyright infringement through our partner lawyers. Images are protected by copyright law almost worldwide and infringements are actionable under the respective national law.”
Still, I wasn’t too worried; several years before this I’d purchased a lifetime membership to a stock photo site where I’d gotten all of the images for my blog posts until they went out of business last year—including the one in question.
But things weren’t quite that straightforward.
Battling the Copyright Trolls
Many of us in our field utilize stock photos, whether images on our websites or social media, those used to illustrate blog posts or other online articles, or even as graphics and ads for our work. If we haven’t purchased a license for them (I’ve replaced my defunct JumpStory membership with credits from Deposit Photos), we’re likely to use royalty-free stock-photo sites like Unsplash or Pixabay—but hopefully as artists all of us are mindful of respecting artists’ copyrights.
Because I knew that I didn’t use unlicensed photos, I was suspicious that this email might be some kind of phishing scam, so I did a search online for the company identified in the email and was fortunate to find this very specific, detailed post from a German lawyer who had had a similar experience with the same company—even the same person who wrote me the letter.
The email wasn’t necessarily fraudulent, he posited in his post, but he did suggest it was predatory—people making this kind of solicitation are often called “copyright trolls”—and he gave a delineated list of specific instructions of what anyone alleging copyright violation had to prove in order to demand the kind of proof or payment they were asking me for.
I did everything the article suggested, responding to the initial email and asking for the company’s proof of representation of the copyright holder and the right to pursue and receive payment for the photo in question.
Weeks went by and I didn’t hear back. Assuming I’d called their bluff, I counted the matter over. But no, finally I got an email back that seemed to offer information and documentation indicating that they had the right to pursue copyright infringements for this image, and so I went hunting for the receipt for my license.
The problem was that I couldn’t seem to find the license I purchased five years ago, and with the company out of business and their website gone I couldn’t download it either. I keep meticulous records and receipts for everything related to my business, and yet somehow I couldn’t locate this one.
I called our credit-card company, though, and they were kind enough to locate the old statement and send it to me, showing where I had purchased the license, which I promptly forwarded to the company that contacted me.
Again weeks passed and I assumed the matter was settled.
The Trolls Will Persist
And yet no. Back they came again, saying that my credit card receipt was insufficient. At this point the original German lawyer and I had been in touch, since I’d written to thank him for his original post—it’s always nice to let people know their work is helpful to you and I do it frequently—and in this case it yielded even more insight: He connected me with an American lawyer who was also going toe-to-toe with similar emails from the same company and person.
When this second lawyer and I spoke, he told me he’d researched the situation and discovered that there had been a handful of actual legal filings made by this company, all of which had been settled or dismissed. He felt that their claims had no merit, and was considering filing action against them for harassment.
I didn’t think I wanted to do that, and was beginning to think I was going to have to swallow the payments for the rights—which galled me because I figured this might be the first rock in an avalanche of this kind of shakedown.
I was spooked. In an effort to avoid a similar problem going forward, I stripped my website and blog of any images I didn’t outright own—meaning only those I had paid my designer to create and/or bought the rights to, as with my headshots.
But that’s when my backup troops showed up, in the form of my husband, who dug up an email I had forwarded to a fellow business owner many years ago recommending the photo site I’d used and the lifetime license—and there was a buy link for where I’d purchased it.
When I clicked the link, I remembered I hadn’t bought the license directly from JumpStory, but rather Stack Social, a site that runs promotional prices on various software and apps.
I contacted Stack Social directly and they couldn’t have been kinder, digging up my years-old receipt and sending it to me. I forwarded it to the original email address for the company that contacted me (rather than through their portal, as I had done the first time), and told them I assumed this settled the matter.
A week or so later I got a letter allowing that “they had decided” not to pursue further action against me.
What to Be Aware of When Using Copyrighted Images
I was very relieved that all ended well with my run-in with the copyright trolls, but I expect it may happen again; apparently this is a not-uncommon shakedown from companies that create or buy rights to copyrighted material, disseminate it widely to encourage people to use it, and then use advanced search tools to locate infringers and demand money.
But I decided I wasn’t going to let it make me operate out of a place of fear.
I walked back my overreaction on using photos and other art; I feel they add a lot to my posts and other presentations. I have a valid license for Deposit Photos and I’m careful and aboveboard about the images I feature—but I did make a couple of changes in how I use them, to be safe.
I make sure I keep the original file information and name attached to the images I download, file them in separate folders based on which site I download them from, and—most important—also download the use license for each and every picture. Even if your photo-site account records that info for the images you download, make sure you download your own copy—if they go out of business you lose all those records.
Similarly, keep your receipts the same way if you pay for a photo service, downloading a copy as soon as you purchase it, and keep it in a clearly labeled file so you can easily find it. I have a folder for my business entity, FoxPrint Editorial, and dozens of subfolders within that, including one labeled “receipts” and further subdivided year by year, so I can easily locate anything I’m looking for.
If you feature guest posts from other contributors who provide stock images, make sure they also send you their use license. If the trolls come after you, it’s the website owner who is liable, not the contributor.
If using professional photos—like headshots—make sure your photographer includes rights for the images as part of your fee (get it in writing; I am a huge fan of contracts and use them for anything business-related); keep it where you can readily lay your hands on it; and know the terms (as in how/when to credit the photographer).
Not all terms and contracts specify that you must credit the artist/owner of the images you’re using, but it’s not a bad idea to do it habitually (and it’s good karma even when it’s not required). On my website, WordPress offers an option of an automatically visible caption when I upload the photos. In my slides for presentations, I simply insert a line of text beneath any stock images I may use.
Using free stock-photo sites may not always indemnify you against copyright breach in using their royalty-free photos.
If you use free stock-photo sites, be cautious; this post I found in my research during my own troll battle was a shock to me, suggesting that these sites may not always indemnify you against copyright breach in using their royalty-free photos. Check their terms of use—seriously, y’all, read them—and make sure you’re complying with them.
Speaking of research—make sure you do it so you know what your exposure may be, and how to avoid the trolls. This excellent article by Victoria Strauss (of Writer Beware) would have saved me a lot of trouble if I’d read it sooner.
And don’t forget about fonts, clip art, and other potentially copyrighted images—in our recent redesign of my blog banner (which was a happy side effect of my brief panic about using stock photos), my wonderful designer Camilla Monk sent me the downloaded license for my font, and for every design element, like the pencil on my banner.
(Side note—I recently learned that if you have body art like tattoos, guess what? That may also be copyrighted material. If it appears in photos you’re using of yourself, it’s wise to learn how to CYA there too; you may need to procure a nonexclusive license from the artist to use the tattoo as part of your likeness. See this post and this one.)
Read more: “How to Protect Your Writing”
I would also have done a couple of things differently in my own troll battle, knowing what I know now:
- In hindsight I would not have created a profile on the company’s site, where I uploaded the credit-card statement showing where I’d charged the license. Communicating via email for the original receipt I eventually located was clearly sufficient, and I didn’t need to add myself to this company’s database.
- I don’t think the company’s documentation they sent me was sufficient legal proof of their right to demand payment, but I’m not a lawyer and it looked official to me. That’s what these companies are counting on—that people will be overwhelmed or cowed by intimidating legalese. Victoria Strauss recommends seeking legal advice if you find yourself enmeshed in a troll battle that’s not easily dealt with (as with ready proof of license to use an image), and I think that’s a good idea; some of the posts I’ve read intimate that these trolls can come after you for a lot more money than I was hit up for, and there’s always the risk that they will keep after you for image after image. It’s advisable to have expert counsel on your rights and recourse.
- I’d have reached out sooner to people I know who may have had insights to share that would have been useful. I eventually contacted a fellow industry pro who indeed had also had a run-in with this company (they get around!), and she had experience and information that might have saved me some time and mental stress. The writing community tends to be supportive and helpful; don’t be shy to reach out.
Authors, have you encountered your own trolls? Please share your own experiences and insights! The more we all know, the more we can protect ourselves.
If you’d like to receive my blog in your in-box each week, click here.
24 Comments. Leave new
Ah – this is a timely reminder that I have an old blog I’ve been meaning to strip of the images! Glad you had a happy ending to this saga. I’m off now to delete pics!
I’m doing the same with my older posts I got off free sites–it’s a good idea to be safe, I think. Glad this was timely for you!
I spent my earning career (as opposed to my writing career) as an academic research librarian and one of my areas of expertise was copyright and fair use. Supposedly the four fair use factors are “equivalent” in value, but, in fact, the fair use factor of “effect on the market” tends to be the driver. Nature, purpose, and intention get short shrift. My worst experiences helping people with fair use rights and intimidation were generally with Disney. The other areas particularly vulnerable were music and images. The issue or rights has gone on since the time of the constitution (and is indeed embedded in it). The copyright law of 1976, however, set rights on a new path, and the battles of the 1990s changed it again. We will always have problems because there is no ‘cut and dried’ answer to it. Your best defense is to know your fair use rights. Then you will feel more confident about what you can and can’t do.
Fair use always strains my brain–it’s so squishy! As is my nature, I tend to err on the side of caution: If it’s in question (like using quotes from published works in my own books without express permission, even short ones), I don’t do it. It’s not worth the mental stress of worrying, for me. Thanks for sharing your informed perspective, Aline!
Dear Tiffany, I appreciate your cautionary tale (and advice) about battling online Trolls, but I want to extend my heartfelt condolences on the loss of your dear companion, Alex. I remember well your recent post about his gentleness with children, his continued joy in simply rising to experience another day, and I smiled at your phrase “checking his daily pmail”…in fact I have adopted this description of my own dog’s walks along her favorite trails. My Lucy turns 13 this summer, is an English cream golden, and I have many photos of her with the same upside-down smile, where she looks just like Alex.
There are some who never understand the dimensions of joy a wonderful dog brings to us, which comes with the sad likelihood we will lose them in our lifetime. But these folks will also never understand why it is worth it. I know that what is coming sooner or later with my Lucy is inevitable, and only hope I can experience it with the same grace and appreciation as you.
Oh, Pat, thank you–I can’t tell you how much it means to hear your kind words of empathy. Anyone who has ever loved a pet knows the oddly keen and constant grief of losing them–they are so often by our sides in life, the hole they leave in death feels immense. Alex was a magnificent soul, among the kindest and gentlest I’ve known, and we’re so grateful he shared most of his life with us–and it makes me so happy to hear he’ll live on in other people’s minds too, as with your adopting his p-mail checks for your Lucy. 🙂
And yes, as awful as this part always is, it’s worth it every time. They give so much more than they ask for. Thanks for this.
Tiffany, I am sorry for your loss. I’ve never shared my life with a dog, but I so enjoyed reading your accounts of Alex.
Thank you, Elena. I love hearing that his spirit touched other people–through my sharing about him and also around the neighborhood and in our families. He was a popular soul. 🙂 Your kind words of remembrance and comfort mean a lot to me.
This is scary. Interesting that there are so many ready to attack us for what we use, yet AI can steal writing with impunity. Next thing you know, they’ll be selling us internet insurance and birthdates will have to be copyrighted.
I’ll end my rant right there.
I’ve only used images from two sources: Pixabay and my own. I’ve not gotten anything from Pixabay in probably five years (I use the same ones over and over), and I’ve been phasing even those out. In truth, I probably should go back through my posts and purge even those. That, though, is an epic undertaking since I post 3x/week (1 blog post, 2 poetry posts).
It’d probably be easier to purge the posts entirely.
My book covers are my own (not splashy, of course, but safe). I’ve seen writers pay for covers of original art that appear suspiciously familiar to me, which is scary, too.
I don’t think you need to purge, but it’s not a bad idea to make sure you have licenses for any images used, even the free ones. And yes, I agree on any art you commission as well–it’s a great idea to have a license for any stock images the artist uses, and a release/permission to use their creation from it as well. It may be overkill, but it’s not worth the risk, to me, of trolls coming after you for hundreds or thousands of dollars. Thanks for your thoughts, Christina.
Thank you very much for this cautionary note. I think this is just the camel’s nose in the tent. As the internet draws the world together, the laws of so many countries make it nearly impossible to fully understand your rights and responsibilities. These disreputable people know that and take advantage of it.
I am an engineer/inventor and the same things happen with intellectual property. These scumy people are known as patent trolls and they do basically the same thing as copyright trolls. There are so many patents that when you design a product it is hard to know if you have infringed on someone’s IP. They can come along and shake you down for huge sums of money. And there is not much you can do about it except pay huge sums of money to defend against the infringement suit. Hopefully the legal system (or some other system) will evolve some protection against these people.
I don’t know if you made up “camel’s nose in the tent,” Jeff, but I like it. 🙂 Yeah, it’s a gray area, I’m seeing, which is why I think it’s so important we educate and protect ourselves as much as we can. There are predators in every field, I suppose–which is sad, but also we’re wise to know our own rights and the law. Thanks for the comment.
I am an attorney and former judge. This post was very well written and helpful.
That’s great to hear, especially from an expert source (which I am not, in this field). Thanks, Susan!
I didn’t realize Alex had passed away. Please accept my condolences; as you described him, he was the friend everyone should have.
Thanks for this. I haven’t given the trolls anything to target yet, but if and when I do, they will. If you threw a rock into a crowd, it would hit me. Whether I was in the crowd or not.
Thank you, Bob. He really was a friend to all, among the kindest and warmest souls I’ve known. It’s been gratifying to hear from so many people who either knew him or knew of him through my posts and social media posts and know that in some small way he touched them too.
Cover your bases when you do start using stock images, Bob, and I imagine you’ll be fine. That doesn’t mean they won’t come throw those rocks, but it does mean you can deflect them. 🙂
Thank you for sharing this, Tiffany. Several years ago, I received alleged copyright violation notices regarding two images I’d used in early posts on my blog. My first response was to take them down (to avoid any further claim of violation); my second was to panic. Then, since I’ve been practicing law (not IP/copyright, unfortunately) for a long time, I took a deep breath and began to gather information.
Turns out, this particular entity was notorious for making such claims, claiming entitlement to statutory damages and scaring people into forking over many hundreds of dollars to settle their claims. First, the entity made its own claims; then, when I didn’t give them any money, they had their lawyer contact me. (My research showed that the lawyer was shady, to put it mildly.)
Not being inclined to pay anybody without a strong reason, I contacted a friend who practices IP (intellectual property) law and has a partner who does copyright. Between them, they advised me on certain questions I should ask to confirm their claims, including demanding a copy of the certificate of registration issued by the U.S. Copyright Office “so that I may forward it to counsel”. I informed them that if they failed to do so within ten days, I would consider this their withdrawal of their claim. I never heard back.
Another thing I demanded up front was the evidence that they did, in fact, represent the people on whose behalf they were claiming copyright infringement. Since one of the images was a Getty image (which I hadn’t realized I couldn’t use but which, as noted, I promptly took down), I expected something pretty official. Instead, they sent me a copy of something that wasn’t on letterhead and was signed by someone who didn’t include a title–in other words, it could have been the guy selling hot dogs outside the building for all I knew. Fortunately, since I’d made that post before publishing my first book, I could honestly say that my website wasn’t being used for business, so they had no claim under the statute.
Bottom line: these trolls are looking for easy money by scaring people. If it’s a U.S. claim, ask for a copy of the certificate of registration with the U.S. Copyright Office as well as documentation that they legally represent the interests of the person who created the image. Since statutory damages are substantial, if they really can produce these things, talking to a lawyer is your best bet.
That said, I learned my lesson, namely, to doublecheck every image I use and to cite the photo credit and the website (Pixabay or Unsplash) in the caption to the image when I post it. (The non-Getty image I’d used came from another website where the blogger gave permission to use any images on her site. Luckily, I’d cited her website as the source, so I could say that I’d gotten permission from her. No idea whether she actually had permission to use the image I used, but that wasn’t my biggest concern at the moment.)
Yikes, Jo–good for you on seeking out expert advice on this issue, even with your own legal background. That’s a great illustration of how we should protect ourselves with companies like this. The questions your counsel suggested seem similar to what the lawyer whose blog I initially found advised–that was very helpful (though if I’d had my own counsel, I might have realized what they sent me wasn’t legal proof). Thanks for your insights and advice on how authors can cover their bases–I really think we can’t be too careful with anything that has the potential to cost us money or affect our business or work!
I’m sorry you went through this stress, Tiffany. The takeaway is that there’s benefit in operating ethically, like paying for images you use. Thanks for sharing.
I’ve always been by-the-book, especially with my business, and I’ve never been sorry. Thanks, Deborah.
That’s really scary. This person makes it their business to shake down legit users? Eeek. I was a freelance graphic designer for 35 years; in the old days, we bought use rights directly from the photographer or the agency representing them. It was clear, easy (and expensive). With the advent of downloadable images, everything got muddled. It’s hard to know who indemnifies users and who doesn’t.
Yeah, there are predators in every field, I think, and we just have to be on guard and educate and protect ourselves. If we make sure to use reputable sites, and document the licenses/permission for the art we use, I hope that’s enough to cover ourselves. Thanks for the comment, Leslie.
Great information, Tiffany! Thanks for sharing your experience and knowledge.
Glad it’s useful, Linda!