Can I get a court order forcing an infringer to stop using my photograph?

courtroomCC0In addition to money damages, filing a lawsuit may allow a plaintiff to obtain injunctive relief in the form of a court order that the defendant cease infringement, and/or that infringing copies be impounded or destroyed.

It is possible to receive both temporary and permanent injunctions, (court orders). A permanent injunction is typically issued at the conclusion of a lawsuit, while a temporary injunction may be issued earlier if the plaintiff shows they are likely to prevail in the end, and allowing the infringement to continue in the meantime would cause the plaintiff serious injury.

For both types of injunctions, the more general rules of injunctive relief apply: the plaintiff must show that the injury is otherwise irreparable and that money damages would be an inadequate remedy. The court will also consider the public interest and balance the hardships between the plaintiff and the defendant. [1]

  1. 17 U.S.C. § 502.

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