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Be sure to designate the parameters of that use, such as who, what, why, when and where – see my blog entry here for more information.Include the condition that the infringer post a photo credit with a copyright notice on or adjacent to the use.Photographers sometimes send an infringer an invoice for three times their normal license fee in an attempt to resolve the infringement issue. law states that you are entitled to actual or statutory damages for infringement as provided by 17 U. There are some risks in sending the letter yourself.While the 3x fee may be an industry standard and some courts have used it, is not a legal right given by any court of law or statute. First, the infringer may attempt to preempt an infringement lawsuit and file a request for declaratory judgment that the use is authorized.You may also require the infringer to add a link to your website.You may get subsequent work from the infringer or others.
Second, your demand for payment may be admissible against you if an infringement case is filed.Music is perhaps the most commonly stolen item online, but stock photos might just take second place.Unfortunately, many stock photo providers are unaware of the fact that stealing stock photos constitutes intellectual property theft.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.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.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.Additionally, when you can prove that the infringement was done willfully, then you are entitled to enhanced statutory damages.“Willfulness” means that the infringer either had actual knowledge that it was infringing the owner’s copyrights or acted in reckless disregard of those rights.