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Have you received an infringement letter because, for example, you used a photo without a license? Respond calmly and correctly: acknowledge receipt, verify that the sender is indeed the rights holder, stop the infringement, and negotiate compensation that covers the actual damages. Do not simply pay an unreasonably high amount, as the rights holder must substantiate the damages.
Important to know: for an infringement and damages, you do not need to have acted intentionally. It suffices that you made a mistake causing damage to the copyright holder. Even if you thought you were acting lawfully and did not know that you were not allowed to use a photo, you may receive an infringement notice. The same applies to text, quotations, or an existing font in your logo.
Step 1: Stay friendly and acknowledge receipt
Let the sender know that you have received the letter and will get back to them shortly. There is no reason to antagonize the rights holder — you should have tracked down the creator yourself. Rights holders who do not protect their work lose income; enforcing their rights is their right.
Step 2: Check if the sender is actually the rightful owner
Verify whether the sender actually holds the copyright. Look up the original source of the work or ask the submitter; they will understand that you want to verify first. Is the story true? Then stop the infringement as soon as possible, for example by removing the image from your website.
Step 3: Critically assess the damage claim
The fact that someone is a rights holder does not mean that you have to simply agree to the requested amount. The rights holder may only claim actual damages and must prove or make plausible that damage. Therefore, find out for yourself what a comparable license normally costs, so that you have a substantiated idea of reasonable compensation.
Step 4: Find a solution together
If you have committed an infringement, you will want to avoid legal proceedings — otherwise, costs will mount, and the rights holder usually prefers to resolve the matter amicably as well. If you find the claim too high, make a proposal yourself: explain objectively how you estimated the damages and why that covers the actual costs, and state that you have since remedied the infringement. In practice, parties often reach an agreement; sometimes companies even subsequently purchase a proper license from the same creator.
Is the rights holder making unreasonable demands and claiming unrealistic amounts? Then seek legal advice and do not simply pay. Ultimately, a judge determines what compensation actually covers the damages.
Frequently Asked Questions
Do I have to pay if I didn't know the photo was protected by copyright?
Possibly. Intent is not required for an infringement; an error causing damage to the right holder may be sufficient. However, the amount of compensation is negotiable and must cover the actual damage.
May the rights holder claim any amount?
No. He may only claim actual damages and must substantiate them. A license fee for comparable use is often a good benchmark.
What do I do about an unreasonably high claim?
Stop the infringement, make a substantiated counter-proposal, and seek legal advice if disagreement persists. Do not pay an unrealistic amount under pressure.
Advice on copyright and licenses
Have you received an infringement letter, or do you wish to lawfully use a photo via a license agreement ? And are you the creator yourself and do you want to have an infringement letter drafted? The copyright specialists at MKB Juristen can assist you. Schedule a free consultation call.
