Order to Cease and Desist
You decide you want to obtain a licensing fee for the illegal use of your photo. In this case, we assign you one of our partner attorneys 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.
|Example of Use
|4 months on a homepage, size smaller than 1200px
|2 weeks on Social Media
|6 1/2 months on Social Media
|4 months in a national travel offer (Homepage)
|4 months in a international / English travel offer (Homepage)
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. The image thief would have to cover much higher costs if they lost after court proceedings. And of course we’re happy if we can solve the dispute quickly rather than having a long process pending.
When we’re able to settle the dispute outside the 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 has to pay 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 cases of 2014 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.