If you demand too little, then it may limit your ultimate recovery.
To avoid this possibility, include in your demand letter that “these discussions and offer to settle are an attempt to compromise this dispute.” Option #5 – Hire a Lawyer to Send a Demand Letter When an attorney gets involved, the matter is escalated and tensions rise.
Note that you have three years from the date of infringement to sue for copyright infringement. Additional Claims While many photographers place “watermarks” including their name and/or their copyright notice on their images or in the metadata of the file to prevent someone from infringing them, it’s fairly easy to crop or clone over the mark, or to remove metadata.
Fortunately, the DMCA section of the Copyright Act provides a remedy in addition to the infringement claim when the infringer removes your CMI to hide the infringement.
If you cannot hire one then you should marry one, trade photos with one or be best friends with one.
Unfortunately, many stock photo providers are unaware of the fact that stealing stock photos constitutes intellectual property theft.Unless you have a breach of contract or some other state claim, you must file your infringement claim in a federal district court. One source for standard license fees is a software program called Fotoquote.To file suit, it is best to hire an attorney to help you because the legal procedures are complicated. Copyright Office prior to the infringement (or within three months of the first publication of the photo), a copyright owner may recover only “actual damages” for the infringement (pursuant to 17 U. You also may recover the profits the infringer made from the infringement if they aren’t too speculative.Option # 2 – Request a Photo Credit …if the website would provide a marketing outlet for you, you may only want the infringer to give you proper credit.If so, write the infringer a letter officially giving her the right to use the image.This excerpt from the post answers the question of what to do when you are infringed upon: Q: What happens when a copyrighted photo is used without permission?You have several options when you find that your photo has been infringed.Option #3 – Prepare a DMCA Take-Down Notice Purusant to the U. Digital Millennium Copyright Act (“DMCA”) enacted in 1998, the Internet Service Provider (“ISP”) that hosts a website is not liable for transmitting information that infringes a copyright only if the ISP removes the infringing materials from a user’s website after receiving proper notice of the violation.The notice must: be in writing, be signed by the copyright owner or the owner’s agent, identify the copyrighted work claimed to be infringed (or list of infringements from the same site) and identify the material that is infringing the work.Unless you created the work outside of the United States and in a country that is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, you must register your copyright with the U. Copyright Office, hopefully before but at least after the infringement.(If you created the photo in a country that is a signatory to the Berne Convention, you do not have to register in the U. to protect your copyright or to file an infringement lawsuit in the U. However, if you do, then you may be entitled to statutory damages and attorneys’ fees, as noted here.) If your photo was not timely registered for this infringement, you may want to register the photo for future possible infringements, as well, to be eligible for statutory damages of up to 0,000 per willful infringing use for each photograph. Legal fees and costs also may be recovered from the infringer. In most jurisdictions you need to have received your registration certificate to file a complaint. Courts usually calculate actual damages based on your normal license fees and/or industry standard licensing fees.