Record what you found before making an accusation
If you see an image you believe is yours on someone else's website or media, record where, when and in what context it appears. Similarity or your brand name on an image does not answer every question about rights, permission and exceptions. Prepare facts for a lawyer instead of declaring infringement certain or calculating compensation from share counts.
Separate rights evidence from evidence of use
The Department of Intellectual Property's guidance on infringement mentions evidence of creation or acquisition of rights as well as relevant examples of the work. Organize two linked sets: the basis of rights in each image and the locations where its use was found. A link to your own post should not stand in for every supporting document.
Trace the image to its creator and agreements
Keep available source files, version history, delivery dates and relevant agreements. For commissioned photographs, stock images or work received from another party, include usage terms and rights documents. Do not assume the payer, file holder or first poster has every right. Where ownership of particular rights is unclear, record it as a question.
Capture the page so it can be traced
For information lawfully accessible to you, retain the URL, account or website name, observation date and time, and screenshots showing surrounding context such as captions or sales presentation. Separate original captures from working copies. If the page is later changed or removed, record what you observed rather than editing screenshots to imply continued publication.
A notification record does not settle ownership
The Department of Intellectual Property explains that notifying it of copyright information does not certify the notifier's ownership. Include such a document if available, but do not treat it as complete proof. Equally, do not conclude that no rights exist merely because no notification was filed. Have a lawyer assess the work type, agreements and specific facts.
Bring your questions and objectives together
Prepare the image list, rights evidence, locations of use, prior communications and objectives, such as checking rights, requesting cessation or considering proceedings. B Law Firm can advise on the particular facts. Have a lawyer review the appropriate channel, steps and relevant deadlines before sending a demand. This article neither determines infringement nor guarantees a case outcome.
References
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