Copyright Tool

Ask the client to cease the use

The most effective first step in putting an end to unauthorized online display is to ask your clients to remove the images from where they have been posted. If this infringement was simply because your client does not understand copyright law, this should put an end to it. Take this opportunity to educate your client (see below). Get written confirmation from your client that they will not use your work without permission again.

Submit a DMCA Takedown Notice

As the copyright owner of a particular work, the DMCA (Digital Millennium Copyright Act) gives you the ability to submit a takedown notice to the host of the website displaying your infringed work. If your client does not respond or is otherwise unwilling to comply with your request, the DMCA takedown process is probably your best option for the removal of the images. Here are instructions for submitting a DMCA takedown notice.

Have a conversation with your client about copyright and why it's important to you and your business. Explain to them what the law means. Most importantly, explain to them that your business relies on copyright protection and could not survive without it. Remember that this is a client or prospective client - make the conversation informative, but also try to keep things as cordial as possible. Use your PPA Copyright Kit to educate yourself first!

Ask the client to pay - provide an invoice

If this infringement was a significant enough financial loss that you are not satisfied with ending it and educating your client, the simplest way to approach it may be to ask the client for a payment yourself. We suggest coming up with a figure that is fair based on your calculation of what would be an appropriate fee for the unauthorized use but also reasonable enough that your client may agree to pay it. Explain to your client why you are charging this fee and that you are giving him, or her, the opportunity to do the right thing to remedy the situation without further recourse. If the client agrees to pay, be sure to document the agreement in writing.

Send the client a certified letter detailing the law and your intentions

If your client will not agree to pay the licensing fee for the unauthorized use or is ignoring you, consider sending a certified letter to provide a formal notification of the infringement and how it can be resolved. Here is a sample letter from PPA! Simply fill in the necessary information, print the letter on your studio letterhead, and send it via certified mail so that you receive a mail receipt.

At whatever point you decide to pursue legal action, cease all communications with the offender and consult with an attorney. You should find an attorney who specializes in Intellectual Property Law and is located in your state. It can be helpful to reach out to your local and state bar associations for assistance with finding an attorney. Most local bar associations provide a lawyer referral service. The first step your attorney may take is to send a cease and desist letter on your behalf. This is often enough to encourage the offender to cooperate.

You may want to consider whether the images in question are registered with the US Copyright Office when deciding if you'd like to file a lawsuit. Timely federal copyright registration has a great effect on the amount you can seek in damages for the infringement. Please be aware that copyright infringement cases must be heard in the Copyright Claims Board (CCB) a small claims tribunal used for seeking damages not exceeding $30,000 without the need of an attorney or federal court. On the other hand, federal court cases are a more costly and lengthy process that has no cap on actual damages and statutory damages that may not exceed $150,000 per infringement but require an attorney. Need more information about how copyright registration affects enforcement? See our copyright registration FAQs. However, you should consult with an attorney as to the specific facts of your situation.

Ask the client to cease the action

If a client has already made copies or printed your images without authorization, damage may already have been done. At the very least, however, you should make sure the client understands their wrongdoing. As respectfully as possible, notify your client that their action was an infringement of your copyright and that this is a violation of federal copyright law. Give the client the opportunity to make it right by purchasing the prints from you and ask them to acknowledge in writing they will not make the same mistake again. Take this opportunity to educate your client (see below).

Have a conversation with your client about copyright and why it’s important to you and your business. Explain to them what the law means. Most importantly, explain to them that your business relies on copyright protection and could not survive without it. Remember that this is a client or prospective client–make the conversation informative, but also try to keep things as cordial as possible. Use your PPA Copyright Kit to educate yourself first!

Ask the client to pay – provide an invoice

If this infringement was a significant enough financial loss that you are not satisfied with putting an end to and educating your client, the simplest way to approach it is to personally ask the client for payment. We suggest beginning by figuring out what your client wanted–in this case, they're usually prints. Give your client the opportunity to make the purchase from you. Ask the client to give you the unauthorized copies and to purchase copies from you–remind the client that your professional prints are much higher quality. This is probably the best way for the client to make things right. If the client does not want to make a purchase from you, you may charge them a fee for your lost profits. Provide your client with an invoice for the fee and explain why you are charging this fee and that you are giving him or her the opportunity to do the right thing to remedy the situation without further recourse. If the client agrees to pay, be sure to document the agreement in writing.

Send the client a certified letter detailing the law and your intentions

If your client will not agree to pay the fee for infringement or is ignoring you, consider sending a certified letter to provide a formal notification of the infringement and how it can be resolved. Here is a sample letter from PPA! Simply fill in the necessary information, print the letter on your studio letterhead, and send it via certified mail so that you receive a mail receipt.

At whatever point you decide to pursue legal action, cease all communications with the offender and consult with an attorney. You should find an attorney who specializes in Intellectual Property Law and is located in your state. It can be helpful to reach out to your local and state bar associations for assistance with finding an attorney. Most local bar associations provide a lawyer referral service. The first step your attorney may take is to send a cease and desist letter on your behalf. This is often enough to encourage the offender to cooperate.

You may want to consider whether the images in question are registered with the US Copyright Office when deciding if you'd like to file a lawsuit. Timely federal copyright registration has a great effect on the amount you can seek in damages for the infringement. Please be aware that copyright infringement cases must be heard in the Copyright Claims Board (CCB) a small claims tribunal used for seeking damages not exceeding $30,000 without the need of an attorney or federal court. On the other hand, federal court cases are a more costly and lengthy process that has no cap on actual damages and statutory damages that may not exceed $150,000 per infringement but require an attorney. Need more information about how copyright registration affects enforcement? See our copyright registration FAQs. However, you should consult with an attorney as to the specific facts of your situation.

Ask the client to cease the action

If a client has already made copies or printed your images without authorization, damage may already have been done. At the very least, however, you should make sure the client understands their wrongdoing. As respectfully as possible, notify your client that their action was an infringement of your copyright and that this is a violation of federal copyright law. Ask the client to acknowledge in writing that they will not make the same mistake again. If this infringement also included a third-party publication, complete the previous question section again to see results related to the publication's infringement. Take this opportunity to educate your client (see below).

Have a conversation with your client about copyright and why it's important to you and your business. Explain to them what the law means. Most importantly, explain to them that your business relies on copyright protection and could not survive without it. Remember that this is a client or prospective client - make the conversation informative, but also try to keep things as cordial as possible. Use your PPA Copyright Kit to educate yourself first!

Ask the client to pay – provide an invoice

If this infringement was a significant enough financial loss that you are not satisfied with ending it and educating your client, the simplest way to approach it is to personally ask the client for payment. We suggest coming up with a figure that is fair based on your calculation of what would be an appropriate fee for the unauthorized use, but also reasonable enough that your client would likely agree to pay it. Explain to your client why you are charging this fee and that you are giving them the opportunity to do the right thing to remedy the situation without further recourse. If the client agrees to pay, be sure to document the agreement in writing.

Send the client a certified letter detailing the law and your intentions

If your client will not agree to pay the fee for infringement or is ignoring you, consider sending a certified letter to provide a formal notification of the infringement and how it can be resolved. Here is a sample letter from PPA! Simply fill in the necessary information, print the letter on your studio letterhead, and send it via certified mail so that you receive a mail receipt.

At whatever point you decide to pursue legal action, cease all communications with the offender and consult with an attorney. You should find an attorney who specializes in Intellectual Property Law and is located in your state. It can be helpful to reach out to your local and state bar associations for assistance with finding an attorney. Most local bar associations provide a lawyer referral service. The first step your attorney may take is to send a cease and desist letter on your behalf. This is often enough to encourage the offender to cooperate.

You may want to consider whether the images in question are registered with the US Copyright Office when deciding if you'd like to file a lawsuit. Timely federal copyright registration has a great effect on the amount you can seek in damages for the infringement. Please be aware that copyright infringement cases must be heard in the Copyright Claims Board (CCB) a small claims tribunal used for seeking damages not exceeding $30,000 without the need of an attorney or federal court. On the other hand, federal court cases are a more costly and lengthy process that has no cap on actual damages and statutory damages that may not exceed $150,000 per infringement but require an attorney. Need more information about how copyright registration affects enforcement? See our copyright registration FAQs.

Ask the offender to cease the action - Even if you do not want to take any further steps, we suggest that at the very least, you contact the manager of the photo department of this particular retail location. Make sure the appropriate supervisors are aware the infringement occurred. Sometimes this will reveal a problem with inadequate employee training. If it seems that the manager is not fully educated on her or her copyright responsibilities, take this opportunity to educate (see below).

We suggest that you have an in-person conversation with the manager of the photo department at the retail location. Make sure this person fully understands copyright law and discuss his or her responsibilities in properly training all employees. Use this flyer from PPA which provides detailed educational information on photographic copyright specifically for photo retailers. Use this information to drive your conversation and leave a copy (or a few) behind for the department to use as a resource. Retailers can also use these brochures to show their customers why they are prohibited by law from reproducing certain photos.

Ask the offender to pay – provide an invoice

When asking a retailer to pay a fee for the infringement, there are several different options – you will have to decide what’s best for you based on the circumstances. If the manager at the specific location is being very cooperative, it may be best to work directly with him or her. This person likely only has the authority to pay a modest amount at the most. Members have reported instances of photo managers simply reimbursing them for the amount of money the store made on the infringing sale. Another option is to work with the overall store manager (if this is a different person) to seek a fee for the infringement that you believe to be fair or at least acceptable. Often photographers ask for the amount they would have made if the consumer had purchased it from them (sometimes with a modest percentage increase since this was indeed a violation).

Another option is to work with the corporate headquarters of the particular business (if relevant), usually with the copyright or legal department. If the local store is uncooperative, or if you are seeking an amount higher than the store is able or willing to compensate, it's probably your best option to contact the corporate headquarters. By negotiating directly with the corporate office, it's not uncommon for copyright owners to obtain some form of compensation to settle the infringements. Document any agreements in writing.

Send a certified letter detailing the law and your intentions

If no one is cooperating with you, or you are being ignored, consider sending a certified letter to provide a formal notification of the infringement and how it can be resolved. Here is a sample letter from PPA! Simply fill in the necessary information, print the letter on your studio letterhead, and send it via certified mail so that you receive a mail receipt.

At whatever point you decide to pursue legal action, cease all communications with the offender and consult with an attorney. You should find an attorney who specializes in Intellectual Property Law and is located in your state. It can be helpful to reach out to your local and state bar associations for assistance with finding an attorney. Most local bar associations provide a lawyer referral service. The first step your attorney may take is to send a cease and desist letter on your behalf. This is often enough to encourage the offender to cooperate.

You may want to consider whether the images in question are registered with the US Copyright Office when deciding if you'd like to file a lawsuit. Timely federal copyright registration has a great effect on the amount you can seek in damages for the infringement. Please be aware that copyright infringement cases must be heard in the Copyright Claims Board (CCB) a small claims tribunal used for seeking damages not exceeding $30,000 without the need of an attorney or federal court. On the other hand, federal court cases are a more costly and lengthy process that has no cap on actual damages and statutory damages that may not exceed $150,000 per infringement but require an attorney. Need more information about how copyright registration affects enforcement? See our copyright registration FAQs.

The most effective first step in putting an end to unauthorized online display is usually to simply ask the business to remove the images from where they have been posted. If this infringement was simply because of a lack of understanding of copyright law, this should put an end to it. Take this opportunity to educate the business (see below). Get written confirmation from the business that they will not use your work without permission again.

Submit a DMCA Takedown Notice

As the copyright owner of a particular work, the DMCA (Digital Millennium Copyright Act) gives you the ability to submit a takedown notice to the host of the website displaying your infringed work. If the business does not respond or is otherwise unwilling to comply with your request, the DMCA takedown process is probably your best option got the removal of the images. Here are instructions for submitting a DMCA takedown notice.

Have a conversation with the business owner (or another appropriate individual) about copyright and why it’s important to you and your business. Explain to them what the law means. Most importantly, explain to them that your business relies on copyright protection and could not survive without it. Try to make the conversation educational but also as cordial as possible. Use your PPA Copyright Kit to educate yourself first!

Ask the business to pay - provide an invoice

If a business has committed a commercial infringement, you probably want more than just a cessation of the use. It is likely that you want to be paid or at least credited for the use. If it’s just credit you’re looking for, this is generally a pretty simple request–if the business does not agree to credit you, consider submitting a takedown notice (see above). If you are seeking a payment, the simplest way to approach it is to ask the client yourself. We suggest coming up with a figure that is fair based on your calculation of what would be an appropriate fee for the unauthorized use, but also reasonable enough that your client would likely agree to pay it. Explain that you are giving them the opportunity to do the right thing to remedy the situation without further recourse. If the business agrees to pay, be sure to document the agreement in writing.

Send the client a certified letter detailing the law and your intentions

If the business will not agree to pay the fee for infringement or is ignoring you, consider sending a certified letter to provide a formal notification of the infringement and how it can be resolved. Here is a sample letter from PPA! Simply fill in the necessary information, print the letter on your studio letterhead, and send it via certified mail so that you receive a mail receipt.

At whatever point you decide to pursue legal action, cease all communications with the offender and consult with an attorney. You should find an attorney who specializes in Intellectual Property Law and is located in your state. It can be helpful to reach out to your local and state bar associations for assistance with finding an attorney. Most local bar associations provide a lawyer referral service. The first step your attorney may take is to send a cease and desist letter on your behalf. This is often enough to encourage the offender to cooperate.

You may want to consider whether the images in question are registered with the US Copyright Office when deciding if you'd like to file a lawsuit. Timely federal copyright registration has a great effect on the amount you can seek in damages for the infringement. Please be aware that copyright infringement cases must be heard in the Copyright Claims Board (CCB) a small claims tribunal used for seeking damages not exceeding $30,000 without the need of an attorney or federal court. On the other hand, federal court cases are a more costly and lengthy process that has no cap on actual damages and statutory damages that may not exceed $150,000 per infringement but require an attorney. Need more information about how copyright registration affects enforcement? See our copyright registration FAQs.

Ask the business to cease the use

The most effective first step in putting an end to unauthorized online display is usually to simply ask the business to stop making copies of the image(s) and to turn over to you or destroy the copies that had already been made. If this infringement was simply because of a lack of understanding of copyright law, this should put an end to it. Take this opportunity to educate the business (see below). Get written confirmation from the business that they will not use your work without permission again. Since uses by a business are usually commercial in nature, you may want to seek compensation for the unauthorized use (see below).

Ask the business to pay – provide an invoice

This approach is most frequently taken when you believe the infringer knew or should have known that the use was not permitted and/or the use resulted in the loss of significant fees. If you are seeking a payment, the simplest way to approach it may be to ask the business owner (or other appropriate person) yourself. We suggest coming up with a figure that is fair based on your calculation of what would be an appropriate fee for the unauthorized use but also reasonable enough that the business may agree to pay it. Explain that you are giving them opportunity to do the right thing to remedy the situation without further recourse. If the business agrees to pay, be sure to document the agreement in writing.

Send the business a certified letter detailing the law and your intentions

If the business will not agree to pay the licensing fee for the unauthorized use or is ignoring you, consider sending a certified letter to provide a formal notification of the infringement and how it can be resolved. Here is a sample letter from PPA! Simply fill in the necessary information, print the letter on your studio letterhead, and send it via certified mail so that you receive a mail receipt.

At whatever point you decide to pursue legal action, cease all communications with the offender and consult with an attorney. You should find an attorney who specializes in Intellectual Property Law and is located in your state. It can be helpful to reach out to your local and state bar associations for assistance with finding an attorney. Most local bar associations provide a lawyer referral service. The first step your attorney may take is to send a cease and desist letter on your behalf. This is often enough to encourage the offender to cooperate.

You may want to consider whether the images in question are registered with the US Copyright Office when deciding if you'd like to file a lawsuit. Timely federal copyright registration has a great effect on the amount you can seek in damages for the infringement. Please be aware that copyright infringement cases must be heard in the Copyright Claims Board (CCB) a small claims tribunal used for seeking damages not exceeding $30,000 without the need of an attorney or federal court. On the other hand, federal court cases are a more costly and lengthy process that has no cap on actual damages and statutory damages that may not exceed $150,000 per infringement but require an attorney. Need more information about how copyright registration affects enforcement? See our copyright registration FAQs. However, you should consult with an attorney as to the specific facts of your situation.