You Probably Didn’t Know, but …
[by Jim Cavanaugh]
I can’t tell you how many of my photographs I have seen used without a license or permission from me. When I find one or more of my images infringed I take immediate action. My first step is to contact the company or person in writing. I lightheartedly call this letter “You probably didn’t know, but”.
The tone of the letter is professional and frank, not stern or threatening. If someone liked my image enough to use it, they may be a potential new client. While I intend to be paid, I don’t want to promote unwarranted conflict.
I let them know that I am the owner of the copyrighted images, that the copyrights are registered with the United States Copyright Office and that they have been used by them without permission. I enclose a copy of the infringed work. I also state that I am giving them the benefit of the doubt and understand they may have not known that they needed to get permission and pay a fee to use my image.
Along with the letter, I enclose an invoice for the use or uses I have discovered. I tell them that I will grant them a “retroactive license’ upon payment of the fee that they would have paid had they contacted me for a license. However, I also clearly state that they must pay the invoice within 10 days and also disclose any and all other uses of my images they may have made. I caution them that if they fail to pay, or fail to disclose other uses I discover later, then I will consider the infringement “willful” and seek full damages allowed under the United States Copyright Act.
In almost every case, this professional, frank approach has brought quick settlement, and in some cases, new clients.
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[...] Along with the letter, I enclose an invoice for the use or uses I have discovered. I tell them that I will grant them a “retroactive license’ upon payment of the fee that they would have paid had they contacted me for a license. However, I also clearly state that they must pay the invoice within 10 days and also disclose any and all other uses of my images they may have made. [...]
Good ideas that are well thought out.
Thanks Jim!
I haven’t had any infringement issues in a while but the few times I had to deal with it, I was told not to send an invoice but instead send a settlement offer. My lawyer said that by sending an invoice you have declared the value of the use and it would be very difficult to then sue for infringement for the full damages allowed under the United States Copyright Act. He also said if you must send an invoice make it out for the maximum amount of usage under copyright infringement president which was 10x going rate for a properly licensed image. Just something to think about.