How it works in 7 steps:

Did you notice that a company stole your photo?

Or maybe you suspect that your photos are being used illegally?

This is how we can help you:

1. Apply

Visit our Application page  and fill out the form

2. Upload

You should have received an e-mail with a confirmation link. After clicking on it, you will be redirected to our upload page where you can just simply choose 20-30 of your most popular photos for us to monitor.

Send us a sample of your portfolio

 If you have any trouble uploading your photos, contact service@photoclaim.com and we’ll help you.

3. Monitoring

As soon as we have your photos, we’ll start monitoring them. We focus mainly on publications on the Internet but we are also able to detect images in newspapers, video commercials and souvenirs.

If your sample photos turn out to be stolen often, we might ask you to upload a bigger part of your portfolio.

You don’t have to scroll through thousands of findings yourself! Our experienced research team can do it for you!

4. Detected infringements 

We’ll regularly send you a list of commercial uses of your photos that we detected. You’ll confirm with your sales reports whether those uses are legit, or if your photo was used without your permission. If it’s the latter, we can demand a licensing fee for the infringement.

You decide if we should take action

5. Order to Cease and Desist

You decide if you want to obtain a licensing fee for the illegal use of your photo. If you do, we’ll assign one of our partner attorneys to the case, and the image thief will be ordered to cease and desist. This means they have to remove your photograph and pay you the licensing fee as well as the legal costs. Of course it is also possible to license the photograph for further use. This is completely up to you!

The due licensing fee is usually calculated using the industry average. That’s fair and offers transparency to the opposing side. If your normal licensing fees are much higher than the average, we can demand your usual fees. The law also protects you in these cases.

 

Examples of fees:

4 months on a homepage, size smaller than 1200px – 270 €
2 weeks on Social Media – 188 €
6 1/2 months on Social Media  – 582 €
4 months in a national travel offer (Homepage) – 405 €
4 months in a international / English travel offer (Homepage) 735 €

All fees are doubled if the photographer is not mentioned as the author.

The assigned attorney can often come to an agreement with the infringing company. That makes sense for both sides because if it came to a court case and the thieves would lose, they would have to cover much higher costs. And of course we’re happy if we can solve the dispute quickly rather than getting involved in long court proceedings.

If we settle the dispute out of court, you will receive 65% of the damages and the rest will cover our costs. You pay us only when we’re successful and the opposing side also covers the legal costs.

Why do we involve lawyers right away? As you can see in the graph below, we haven’t been as successful with our early 2014 cases as with the later ones. The big increase in recouped damages results directly from involving an attorney with a formal order to cease and desist.

6. Legal proceedings

Unfortunately, not everyone understands that you cannot steal photos. In those cases, we have to evaluate with the lawyers if a lawsuit would make sense. Several factors such as the size and the age of the company play a role in this evaluation.

Should we decide that a lawsuit indeed makes sense, we can cover all legal costs until the lawsuit is over. No photographer should resign from his rights just because of high legal costs. If we go on with the lawsuit, we split the received damages 50/50. If you come up with the up-front costs yourself instead, you’ll receive 65% of the damages just as in an out-of-court settlement.

Here is the reason why since summer 2014 we always let an attorney negotiate on your behalf right away. With an attorney, we’re able to settle around 40% of cases out of court,  while a photographer on his own ends up frustrated 95% of the time.

7. Payment of the Licensing Fee

After the legal proceedings or an out-of-court-settlement you’ll get a good news message about the received payment. That’s of course the most pleasant part of our work and we will be glad to share this info with you.

Depending on your location the money will be paid via Paypal or a bank transfer.

Positive Outcome and your Satisfaction

is the key point for us 

Stop Image Theft - Get Paid