Brooklyn, NY asked in Copyright, Business Law and Intellectual Property for New York

Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

3 Lawyer Answers

A: Find the company's contact information for copyright complaints (often in their terms of service or privacy policy). See if they will take down the photos. If that does not work, an option is to send them a formal DMCA takedown notice.

Sean Goodwin and David H. Relkin agree with this answer

A: I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes of action" (legally valid theories of recovery) against Shein: (1) invasion of privacy through misappropriation of your name or likeness ("misappropriation"); and (2) violation of the right of publicity. (The "right of publicity" is a person's right to control and make money from the commercial use of his or her identity which I am assuming is the case here since it is on a commercial website where Shein is using your image for advertising purposes.) You can sue them and/or obtain an injunction to prevent their use of your image. I don't know whether you mind if they are using it (if they pay you) or rather have them delete the pictures from their website. My contact information is on the Justia website.

James L. Arrasmith
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Answered

A: This is a serious copyright violation that needs immediate action. You should start by gathering evidence - take screenshots of your original photos and the unauthorized listings on SHEIN's website, including timestamps and URLs if possible.

Your next step should be to submit a DMCA takedown notice to SHEIN. You can find their intellectual property complaint form on their website, or send a formal notice to their legal department. Make sure to include proof of your ownership of the photos, like the original files with metadata, and documentation showing when you first published them.

If SHEIN doesn't respond or take action within a reasonable timeframe, consider reaching out to an intellectual property lawyer for legal guidance. You might also want to publicly document this issue on your social media platforms to raise awareness, but be factual and professional in your approach. Remember to register your photos with your country's copyright office, as this gives you stronger legal protection for future cases.

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