Assuming the work was registered at the relevant time, the prevailing plaintiff in copyright litigation can get statutory damages in the range of $750 to $150,000 per work infringed, regardless of the amount of actual damage. This is a pretty terrifying prospect for most accused infringers… We will provide you with an attorney if … The author uses a law firm to monitor for infringing copies, find who owns the website, then send a strongly worded demand letter asking for a significant payment.

The repeat commercial offender payment demand letter In case they didn’t learn the first time.

Responding to a Demand Letter.

When you’ve created something that’s one-of-a-kind, you want to make sure it stays that way. Assuming there has been an infringement, Getty Images is probably only entitled to recover their “actual damages,” or the precise amount you would have paid had you licensed the image from them. Distressingly, I have to send about 3 or 4 of these every year. If you have encountered a copyright holder that is looking to engage in litigation against you over the copyright infringement (or if you have repeatedly failed to answer a copyright infringement notice letter and/or cease and desist use of the copyrighted work), … Getty Images has been known to inflate the price of an image after a demand letter has been issued. Free advice on copyright demand letters Request to be contacted by an attorney who specializes in fighting these law firms. The demand letter should provide their basis for why you owe them thousands of dollars. If you have a copyright, sometimes you have to enforce it against those infringing on it. Demand Letters for Copyright Infringement and Photos: How to Respond (and How to Avoid them in the First Place) As always, a disclaimer:. The Cease and Desist acts as a formal request that the recipient stop ("cease") and not continue ("desist") this behaviour. A Cease and Desist Letter is a letter sent to an individual or business that is engaging in unwelcome or illegal behaviour.