Image Theft on Instagram

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Ever heard of Instagram user ferrari_by_xavixr1? Didn’t think so. Neither have we until we stumbled across a very familiar image. One I took almost 2 years ago made it’s way to his page. I had the chance to photograph a rather rare one off Ferrari called a SP275 RW during the Ferrari Mondiali. Well this user is now passing off this image as his own. Normally image sharing is all part of the world of Instagram and most users post a link back to the original poster using the @ or use the repost app. Not this user. He repeatedly ignored our DM and even banned us from his page and deleted our comments. In other words, it’s not by accident. It’s willful.

So what to do when someone blatantly steals your photo. First off, know your rights. The photographer of an image owns the copyright to that image. Period. The copyright is automatically granted under U.S. Law. Say you hand your iPhone to someone to take your picture, well technically they actually now own that picture – even though it’s your iPhone. But that’s an extreme case.

Now there is something called Fair Use and Editorial Use which *may* allow the use of someone else’s photo without prior permission or monetary compensation, but even under these examples, credit still has to be given to that original photographer.

So what do you do if someone steals your picture? Most internet sites have some sort of reporting system. For Instagram it is https://help.instagram.com/454951664593304 but to be honest other than reporting your stolen image, there isn’t much one can do other than hope your picture get’s taken down.

Meanwhile Instagram userĀ ferrari_by_xavixr1 is still a thief. Period.

See these links for more

https://www.copyright.gov/title17/

https://www.copyright.gov/registration/photographs/

Copyright Fair Use and How it Works for Online Images