How to Handle Copyright Infringement on Instagram for Photographers

[@cnlicnli]

7:45 Expanding on what Matt stated (re: providing your copyright information to Instagram): 1) Identify yourself as the copyright author & copyright claimant; 2) Include your “Certificate of Registration” number and its “effective date of registration” and the photograph number; 3) State that no photo license has been granted to the infringer; and 4) *Include a statement that, based upon your examination of the infringement, the copied photograph does NOT fall within the scope of Fair Use.* By including details of your “Certificate of Registration,” you can discourage non-Fair Use infringers from filing DMCA counter-notices. If the infringer does file a counter-notice, you’ll have ten days to sue the infringer to get the unlicensed work removed from Instagram. If the infringer *knowingly* filed a fraudulent DMCA “Take-Down Notice” or “Counter-Notice” against you, you can pursue them in federal court via 17 USC 512(f) for money damages, including your attorney fees & legal cost. Alternatively, the newly created *“Copyright Claims Board” (CCB)* can address infringing/non-infringing and misrepresentation DMCA claims in its small-claims-type copyright court (tribunal). The US Copyright Office writes, “The Copyright Claims Board (CCB) is available to resolve copyright disputes of a relatively low economic value as an efficient, less expensive alternative to federal court.” See ccb.gov/ Photographers who *“timely”* register their images typically have the necessary LEVERAGE to PUSH non-Fair Use infringers to accept CCB jurisdiction or settle out of court.

[@this_time_imperfect]

Yeah I also thought it would be a speedy response from Instagram. It took a week for them to respond, meanwhile somebody was profiting off my video racking up millions of views per day. Its very frustrating.

[@graphicalla2898]

ask him to tag you why reporting the person that made your work go viral !!!! this is social media brother ..it's a game of sharing ..

[@this_time_imperfect]

@@graphicalla2898 Because it’s copyright infringement. The video already went viral on our own network, our lawyers ended up serving the owner of the instagram account with a pretty big lawsuit. You can’t profit off of other people’s work.

[@itsbeeva]

Thank you so much! Knowing there’s at least some protection in place in instagram puts my mind at ease. I’m going to have to look into copyright laws in my country and see what more can be done.

[@artisticendeavorsemmorris.3165]

I understand it can be frustrating. I am a canvas artist that draws realistic portraits and other subject matter I also do my own photography too, I only would send this report if for example an art page didn't credit me in the caption when reposting any of my artwork. I also run an art blog and I feel some are too quick to report others pages even when they did give them credit. I help other artists’ as well be seen. A lot of artists’ and content creators dm me asking if I can post their work. Most artists’ and tattoo artists’ usually try to dm the account before reporting asking in a polite way to take their work down. If the page refuses to do so or doesn’t give proper credits then I would see taking this route would be necessary. I wish Instagram would have an icon some can add to their posts some are already hash tagging don’t repost or putting that in their caption. At least it gives other pages that would credit you example a photography page like Nikon a warning. A lot of artists’ dont get back. The DM’s or emails go directly in their spam folders if your don’t know the person but want to make initial contact. It can be time consuming asking each individual creator permission to post their content. A lot in my industry usually give a polite warning in the DM to take it down before they send a report. I am sure you do too. This is though helpful for those pages that take your work without crediting you or cooperating when you ask them to remove it. Just something to think about:)

[@johnmarkreed]

After watching this I found a door handle company using my photos . A builder just straight up gave them the photos

[@nomadicsoulart]

Great advice ! But what if the image is not registered as a copyright at govnt forum . Will the link to the website work ?

[@justinmartin3170]

Great tips, Matthew. Thank you!

[@mdhazeldine]

Great video. The only thing missing is you didn't talk about what you should do if the person who infringed your copyright is a commercial entity and should pay you a fee for using your images. Not to mention the awkwardness of it being stolen by a 3rd party who is one of your clients partners. Or even worse, your client GAVE the images to their partners/suppliers without you knowing.

[@MatthewAPhoto]

Yeah that would be more of a “why and when to submit the form” kind of topic. This video is more of a simple “how to submit the form” because a lot of photographers don’t even know this form exists.

[@mdhazeldine]

@@MatthewAPhoto I guess I just gave you a follow up video idea. You're welcome. :D

[@hotelphotography]

So this copyright infringement Instagram form is per image only? Can I submit more than one image per form?

[@baburtuzer]

it is really interesting that, you. can get a license for a photo you took in your country, I will search for it in my country. I hope we have the similar laws . But besides that, I have a question to understand the business in your country. I am an architect, so lets say we agreed on a photoshoot for a project of mine, and we agreed the price for that shoot and where will the pics use (social media, website,magazines etc..) and I get the pics from you to use, and when my subcontractors (like the stone company, the lightning company) want to use the same pictures, they have to buy a licence also ? or if I will say at the beginning that all associates will use this pictures, than the price for the shoot will increase ? is it like small amount to chance or is it a high percentage ? in my country , I heard that for commercial use (tv billboards etc) the costs will chance for the job. But haven't heard about this kind of usage will be bad for licensing. thanks for the educational videos, learning lots from you . greetings from Turkey

[@ohaidere]

Thank you for the walkthrough

[@Ghrietnn]

Hey mathew what about this new problem unexpected value in copyright section

[@Masryee]

Matthew now when you try to report , appears an error where is the email (Unexpected Value: The value should not be changed on a disabled field.) what to do ?😢

[@Ghrietnn]

Same problem with me

[@kathylycka]

Thanks for this information. What if the original image was only posted on Instagram? I posted a photo I took of myself and my artwork. Someone else created an account pretending to be me (using 10+) of my photos under a different name. I didn't submit a certificate of registration for that.

[@MatthewAPhoto]

You can still fill out the copyright infringement form on Instagram

[@grahamchris3611]

I done this 10 days ago and still no response from Instagram

[@gerromy222]

Thanks, great info!

[@jonathanvdk55]

Why don't you just send them an invoice and then if they don't pay that then file the report? That way you have a chance to make some easy $$$.

[@MatthewAPhoto]

That's always a possibility but rarely yields a positive result. That's more of a "why and when to submit a copyright form" kind of topic. This video is more of a simple "how to" submit a form. Many photographers don't even know this form exists.

[@SreeTamilaOfficial]

This trick not working sir