Ask the publisher to pay – provide an invoice
If your image(s) appear in a digital publication, you may want more than just a cessation of the use. Due to the loss of significant fees that often occurs in this situation, it is common to request payment of a licensing fee for the unauthorized use or at least to be credited for the use. If it’s just credit you’re looking for, that is generally a pretty simple request – if the publisher does not agree to crediting you, considering submitting a takedown notice (see above). If you are seeking a payment, the simplest way to approach it may be to ask the publisher (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. With publications, there are some non-conventional forms of compensation you may want to consider, such as advertising space or using your work on a cover or front page with credit.
When seeking compensation, monetary or otherwise, explain that you are giving them opportunity to do the right thing to remedy the situation without further recourse. If the publisher cooperates, be sure to document the agreement in writing.
Send the publisher a certified letter detailing the law and your intentions
If the publisher 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.