A photographer reported me and want me to pay

handsomeone

Regular Member
Apr 25, 2018
414
54
Hi guys, I went on my business instagram profile today and found out one of the photos I reposted got reported because some photographer own it. Fair enough until here.

Now I found out he sent me an invoice for the price of the picture and charging hundreds of dollars for it. I used it only on my Instagram feed.

Is this serious do I have to pay him by law or because it's on Instagram I'm protected?
 
You're not protected at all because you're on Instagram. A friend of mine had to pay around 500E because he used an image that belonged to a company and he didn't have any other choice rather than to pay them as he was contacted by their lawyers.

So now it totally depends if: 1) Where are you based? First world countries in Europe, US? If you're based somewhere out of these countries, for example, Russia, most likely they won't open a legal issue against you as it won't be worth it ( I know this first-hand)
 
You're not protected at all because you're on Instagram. A friend of mine had to pay around 500E because he used an image that belonged to a company and he didn't have any other choice rather than to pay them as he was contacted by their lawyers.

So now it totally depends if: 1) Where are you based? First world countries in Europe, US? If you're based somewhere out of these countries, for example, Russia, most likely they won't open a legal issue against you as it won't be worth it ( I know this first-hand)
This could be a very slick trick. Think of someone tagging you, then you post his photo and now he can charge you?

Why wouldn't they open a legal issue according to the country?
 
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Did the guy tagged you?
Have you identified the source of the photo (tagged the guy)?
You're winning money or something with your profile?

If the first 2 options was yes and the 3 no. You're OK, if you can prove it.
Also I had posted an image there, really usefull, but is still for moderation approval. In some minutes it will be available and you should look at it.
 
Hi guys, I went on my business instagram profile today and found out one of the photos I reposted got reported because some photographer own it. Fair enough until here.

Now I found out he sent me an invoice for the price of the picture and charging hundreds of dollars for it. I used it only on my Instagram feed.

Is this serious do I have to pay him by law or because it's on Instagram I'm protected?

I'm not experienced with this but first thing that came up in my mind: How did he invoice you? I mean, if he sent it by Instagram DM just ignore it. An account can not be sued. So first they need to know who you are. Is that information public? Second of all I do not think you get sued for a photo.

A friend of mine had the sort of same problem 1 year ago. He used a photo from a media company and got an invoice to pay, I thought it was 1200 euro. I said him that he had to respond like he was mental and ask if he could pay less (150 euro). The company immediately accepted that offer.

Maybe something for you as well.
 
This is not legal advice, but if I were you I would delete the photo and ignore him. If he creates problems for you threaten to sue him for harassment

I'm not experienced with this but first thing that came up in my mind: How did he invoice you? I mean, if he sent it by Instagram DM just ignore it. An account can not be sued. So first they need to know who you are. Is that information public? Second of all I do not think you get sued for a photo.

A friend of mine had the sort of same problem 1 year ago. He used a photo from a media company and got an invoice to pay, I thought it was 1200 euro. I said him that he had to respond like he was mental and ask if he could pay less (150 euro). The company immediately accepted that offer.

Maybe something for you as well.
The photographer is verified and has around 200k followers and sent me this invoice by e-mail from his "company" and charging my instagram name. He can't know me from the page but he can search for my domain name and check for details I guess.
Does it matter and you still think I can ignore and nothing can happen? He wants me to pay $300. From your story I understand that this is some kind of a way of him trying to make money and some people fall for it?
 
This is not legal advice, but if I were you I would delete the photo and ignore him. If he creates problems for you threaten to sue him for harassment

Pretty much the polite version of what I was going to say.
This guy reported me on Instagram and they deleted the photo from my feed from their side, so it's gone anyway. Thanks I'm kinda relieved to hear that.
 
There is almost no chance he would ever sue you so just deleted the picture and tell him “ sue me and if you’re not going to stop harassing me “ . End of story he won’t do anything as it’s not worth it.
 
This has been happening more and more often. He could take you to small claims court, but only if he tracks down your identity, which is probably not worth the trouble. I would only respond if I got a physical notice in the mail or contact from his attorney.
 
He's just trying his luck. He sends 10 invoices like that, 1-2 people pay, he makes 600 euro. Not bad for one picture.

Nobody is going to take you to court for 300 euro, especially if two two of you aren't from the same state (or country).
 
Here is what Instagram states about Copyright Infringement.

Code:
https://help.instagram.com/454951664593304

Here is what Instagram states concerning obtaining information about someone's Instagram account; which said person would likely need in order to sue you.

Code:
https://help.instagram.com/232762833582105

That photographer has a high mountain to traverse in addition to other obstables to negotiate prior to be able to a civil suit against you.

They must first SUE Instagram/Facebook if they want to obtain your contact info. That action is like trying to sue Donald Trump.

The next obstacle they will face is Jurisdiction; they MUST file their lawsuit (I believe) in either the state of California or in Ireland.

That stated, if they decide to proceed forward, it is going to cost them a lot more than $300.00 in OUT OF POCKET - UP FRONT MONEY.
 
We have very similar threads like this on the forum and they always get mixed responses, so I don't know. The biggest risk here is probably losing your account?
 
We have very similar threads like this on the forum and they always get mixed responses, so I don't know. The biggest risk here is probably losing your account?

He won't even lose his account. The owner is trying his luck by sending him in invoice hoping to get some cash out of him and to pay taxes using that document.
If this was serious, OP would have been contacted by an attonery or some type of firm. I highly doubt 1 image would be worth the hassle unless it's some big trademark that would want to make an example out of him.
I would delete the photo and ignore him, but next time you should be more cautious and ask for permission or at least leave some type of credit tag to their IG page.
 
He can't know me from the page but he can search for my domain name and check for details I guess.

If you are from EU, he can't have access to that since last year. GDPR law.
All your data is hidden from public and no one can share it without permission. (in theory)
 
Hi guys, I went on my business instagram profile today and found out one of the photos I reposted got reported because some photographer own it. Fair enough until here.

Now I found out he sent me an invoice for the price of the picture and charging hundreds of dollars for it. I used it only on my Instagram feed.

Is this serious do I have to pay him by law or because it's on Instagram I'm protected?

Ask for proof it is their photo.

This is an old trick and one that can be very, very lucrative.
 
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