As a rule never send a bill for an infringement of your images.
Send them a one time offer to settle. As I understand it, if you send a bill you may limit yourself if there is ever a need to go to court.
If you end up going to court the infringer can show that you wanted $XXX if you send them a bill for the use. If you send them a one time offer to settle the infringement then they cannot bring that up in court. Since it is up to the judges discretion to award up to $150,000 per instance it is in your best interest to never limit yourself. Of course this only applies to images that have been registered with the Copyright Office. Another reason to get those images registered!
When I find an infringement I find the fair market price of the image as it was used, and multiply that times ten. I may alter this based on the infringement and the infringer. A mom and pop pizza store would not be dealt with in the same manner as an advertising agency. I make it clear that the amount I am asking for is meant to be a punishment for the unauthorized use. If I were to charge the going rate then there is no incentive for people to play fair and pay for the image up front. This increase amount also gives me a lot of room for negotiation.
Scott
Scott Sharick Photography
Honolulu, Hawaii
www.scottsharickphotography.com
www.scottsharickblog.com
www.flickr.com/photos/scottsharick/
On Oct 22, 2010, at 11:51 AM, Maria Arango Diener wrote:
> Good going Josh! Next time send them a bill in addition to the "cease and
> desist" note.
>
>
>
> Once a shoe manufacturer based in Spain used one of my images without
> permission in their advertisements. One of my alert friends sent me the
> catalog and I promptly sent the manufacturer an official looking cease and
> desist letter and a bill for "customary charges already incurred for
> copyrighted image use". They paid me! I got a check for $3000 buckaroos and
> an apology from the owner, who had hired an ad agency to produce the ad (the
> culprit was the ad agency).
>
> $3000!!!
>
>
>
> If anything, the "bill" emphasizes the point that grabbing someone else's
> work is a BIG LEGAL NO-NO. Most people are completely clueless about
> copyright laws.
>
>
>
> Maria
>
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