Collecting on Misuse

Posted on 1/10/1997 by Jim Pickerell | Printable Version | Comments (0)


Collecting on Misuse

January 10, 1997

Recently there appeared on the Internet some good advice about procedures for
trying to collect once you discover a misuse of your images.

Frans Rombout of Picture Partners in Leiden, Holland

pointed out that from a legal point of view as soon as you send someone an
invoice for something he or she stole (your bike, car or in this case an image)
you more or less agree with the theft.

A better solution is to send a letter in which you let them know that "(1) you
have found out that...etc.,etc. and THEN (2) make a PROPOSAL for a settlement:
pay twice the usual price or you will let a lawyer handle it."

My only comment here is that maybe three or four times the usual price, rather
than twice, would be a better starting position for a quick settlement.

Henry Scanlon of Comstock suggested the following:
"If you see an unauthorized use of your picture, bear in mind that you're
to $100,000 per infringement.

"Unless, of course, you send them a bill for $1200 at which point you have
effectively set a ceiling on what the offender sees as their 'exposure.' And
that's why their attorney isn't worried, and knows you ain't gonna go spend a
bunch of legal fees in order to recover a 'mere' $1200.

"If you feel absolutely compelled to send a bill (which, strategically, you
shouldn't do in the first place) do two things: Make it for $100,000 and write
very clearly on it that it is a SETTLEMENT OFFER. Why? Because 'settlement
offers' are NOT admissible evidence in court and your 'bill' cannot therefore be
used against you.

"What you SHOULD do in these circumstances is call 'em up, cite the specific
provisions of the copyright law, get their serious attention thereby, and start
negotiating down from $100,000--not from $1200."

Copyright © 1997 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to:  


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