Photo Video Licensing Breach Demand Letters
Photo & Video Licensing Breach Demand Letters
Stock Photography, Videography & Visual Content Licensing Disputes
Photo & Video Licensing Basics
📋 Dual Protection: Photos and videos protected by both copyright law (original creative expression) and licensing contracts (terms of use). Violations trigger both copyright infringement claims and breach of contract remedies.
License Types
| License Type | What You Get | Typical Use Cases |
|---|---|---|
| Royalty-Free (RF) | One-time fee; unlimited use within license scope (but NOT “free” – still has restrictions) | Stock photos for websites, marketing materials, presentations |
| Rights-Managed (RM) | Priced per specific use: duration, geography, media, exclusivity, print run | Magazine covers, advertising campaigns, high-value commercial use |
| Editorial Use Only | News, education, commentary – NOT commercial/promotional use | News articles, documentaries, textbooks |
| Extended License | Broader rights than standard (e.g., merchandise, templates for resale, unlimited print runs) | Products for resale, digital templates, large print campaigns |
| Exclusive License | Only you can use image for specified period/territory/use | Brand campaigns requiring uniqueness |
| Work-for-Hire / Full Assignment | Complete copyright ownership transfer | Custom photography/videography commissioned for specific project |
Common License Restrictions
- Media type: Web, print, broadcast, social media (may be limited)
- Territory: Geographic regions where use is permitted
- Duration: Time period of authorized use
- Print run: Number of copies for printed materials
- Exclusivity: Whether others can license same image
- Modifications: Whether you can edit/alter the image
- Resale: Typically prohibited (can’t sell image to others or use in products for resale without extended license)
- Attribution: Some licenses require photographer credit
Legal Claims for License Violations
| Claim Type | Basis | Remedies |
|---|---|---|
| Copyright infringement (17 U.S.C. §501) | Exceeded license scope = no license = infringement | Statutory damages ($750–$150k), actual damages + profits, injunction, fees |
| Breach of contract | Violated specific license terms | Contract damages, liquidated damages if specified in license |
| Unjust enrichment | Used image for valuable purpose without paying proper fee | Restitution (value of benefit received) |
⚠️ Group Registration Power: Photographers can register collections of photos (all photos published in 3-month period). This multiplies statutory damages exposure—each photo in collection = separate work = separate $750–$150k damages award.
Common Licensing Violations
Typical Infringement Scenarios
1. No License / Unlicensed Use
- Downloaded from Google Images or Pinterest without license
- Used photographer’s website portfolio images without permission
- Copied from competitor’s marketing materials
2. Exceeded License Scope
| Violation | Example |
|---|---|
| Wrong media type | Licensed for web only; used in print brochure |
| Wrong territory | Licensed for U.S.; used in European campaign |
| Expired duration | 1-year license expired; still using image 3 years later |
| Exceeded print run | Licensed for 10,000 copies; printed 50,000 |
| Commercial use of editorial image | Editorial-only image used in product advertisement |
| Resale without extended license | Used stock photo on t-shirts for sale without merchandise rights |
3. Unauthorized Sublicensing
- Purchased license; provided image to client/vendor who used it (license is non-transferable)
- Used in client work beyond agency’s licensed scope
4. Modification Violations
- Altered image in way that violates license or moral rights
- Removed watermark or copyright notice
Photographer/Agency Detection Methods
How rightsholders find infringements:
- Reverse image search: Google Images, TinEye – find where images appear online
- Automated monitoring: Services like ImageRights, Copytrack scan web for unauthorized use
- Manual discovery: Photographers recognize their work on websites, ads, social media
- Purchase records: Agency checks: business used 50 images but only purchased licenses for 10
- Metadata tracking: Some images embedded with tracking pixels or steganographic watermarks
Evidence Rightsholders Gather
- Original files: RAW files, date stamps, EXIF data proving authorship
- Copyright registration: Individual or group registration certificates
- License records: Your purchase history (if customer) or proof you never purchased license
- Screenshots: Where/how you’re using image, with timestamps
- Duration of use: Internet Archive snapshots showing use over time
- Damages calculation: Licensing fees you should have paid vs. what you paid (or didn’t pay)
Drafting Licensing Breach Demands
Photographer/Agency Perspective
💡 Business First, Litigation Last: Most photo licensing disputes settle quickly. Businesses don’t want copyright litigation; photographers want licensing fees, not protracted lawsuits. Frame demands as “let’s license this properly” not “I’m going to destroy you.”
Demand Letter Structure
| Section | Content |
|---|---|
| Image identification | Title, file name, registration number (if any), URL of your original |
| Proof of ownership | Copyright registration, original RAW file, first publication date |
| Infringement details | Where found (URLs, print materials), how used (website header, ad campaign, product packaging), duration |
| License status | No license exists OR license exceeded (specify restrictions violated) |
| Damages calculation | Standard license fee × multiplier (2–5×) for infringement + statutory damages exposure |
| Settlement proposal | Retroactive license fee (specific $amount) + immediate cessation OR license for ongoing use at standard rates |
| Deadline | 10–14 days |
Calculating Settlement Amounts
Formula: (Standard License Fee) × (Multiplier) = Settlement
| Scenario | Standard Fee | Multiplier | Settlement |
|---|---|---|---|
| Small business, single web use, prompt removal | $250 | 1.5–2× | $375–$500 |
| Medium business, commercial use, several months | $500 | 2–3× | $1,000–$1,500 |
| Large business, major campaign, extended duration | $2,000 | 3–5× | $6,000–$10,000 |
| Willful infringement, ignored prior demands | Any | 5–10× | Reference statutory damages ($150k max) |
Tone & Strategy
- Professional, not accusatory: “We noticed you’re using our image” not “You stole our photo”
- Educate: Many businesses don’t understand licensing; brief explanation helps
- Offer resolution: “We’re happy to license this to you retroactively at reasonable rate”
- Emphasize statutory damages: “$750–$150k per image” creates settlement pressure
- Be reasonable: Excessive demands lead to declaratory judgment actions or refusal to pay
Multi-Image Violations
If infringer used multiple photos:
- List each image separately with individual fees
- Offer package discount for resolving all at once
- Emphasize that each image = separate statutory damages award
- Consider ongoing licensing relationship if they’re regular stock photo user
Sample Demand Letters
Sample 1: Unlicensed Use
[Photographer/Agency Name]
[Address]
[Email / Phone]
[Date]
[Business Name]
[Address]
Re: Copyright Infringement – Unlicensed Use of Photograph
Dear [Business Name]:
I am a professional photographer and the copyright owner of the photograph described below. I recently discovered that you are using my copyrighted image without authorization or license.
IMAGE IDENTIFICATION:
• Title: “[Photo Title/Description]”
• Copyright Registration: [VA-XXX-XXX] (registered [Date])
• Original Creation Date: [Date]
• My Website: [URL where image appears in portfolio]
YOUR UNAUTHORIZED USE:
You are using my photograph on:
• Your website: [URL] (header image on homepage)
• First discovered: [Date]
• Duration of use: Approximately [X months]
• Screenshot attached as Exhibit A
LICENSE STATUS:
I have reviewed my records and you have not purchased a license for this image. Your use is entirely unauthorized.
COPYRIGHT INFRINGEMENT:
Your unauthorized use constitutes copyright infringement under 17 U.S.C. §501. As the registered copyright owner, I am entitled to:
• Statutory damages: $750 to $30,000 per work (up to $150,000 if willful)
• Your profits from use of the image
• Injunctive relief
• Attorney’s fees and costs under 17 U.S.C. §505
LICENSING & SETTLEMENT:
Rather than pursue litigation, I am offering to license this image to you retroactively. My standard licensing fee for this type of use is $[Amount – e.g., $500] for web use, single territory, one year.
For retroactive licensing covering your [X months] of unauthorized use, I am requesting payment of $[Settlement Amount – e.g., $1,250] (2.5× standard rate reflecting infringement premium).
DEMAND:
I demand:
1. Immediate cessation of use: Remove image from your website within 48 hours; OR
2. Licensing payment: Pay $[Amount] to license use through present date, then either remove or continue under proper ongoing license at standard rates.
Please respond within 10 days. If I do not receive payment or confirmation of removal, I will proceed with federal copyright infringement litigation seeking maximum statutory damages and attorney’s fees.
I prefer to resolve this amicably. Contact me at [Email/Phone] to arrange payment or discuss licensing.
Sincerely,
[Your Name]
Enclosures:
– Copyright Registration Certificate
– Screenshot of infringing use (Exhibit A)
– Licensing fee schedule
Sample 2: License Scope Exceeded
[Stock Agency Name]
[Address]
[Email]
[Date]
[Licensee Company]
[Address]
Re: License Violation – [Image ID Number]
Dear [Company]:
You purchased a license for [Image ID/Title] from [Agency] on [Date] (Order No. [XXX]). However, we have discovered that your use exceeds the scope of your license.
LICENSE PURCHASED:
• License Type: Royalty-Free, Standard License
• Authorized Use: Web and social media only
• Territory: United States
• Prohibited Uses: Print, merchandise, products for resale
VIOLATIONS DISCOVERED:
We have identified the following uses that exceed your license scope:
1. Print Use: Image appears in your printed product catalog (copy attached)
2. Extended Territory: Image used on your European website ([URL])
3. Merchandise: Image appears on t-shirts offered for sale on [website]
These uses require Extended License ($[Higher Amount]) or Rights-Managed license priced per specific use.
BREACH OF LICENSE & INFRINGEMENT:
Use beyond license scope constitutes both breach of contract and copyright infringement. You have no license for these uses, making them acts of infringement.
SETTLEMENT CALCULATION:
Standard License purchased: $[Amount Paid – e.g., $99]
Extended License required: $[Amount – e.g., $499]
Additional uses (print, extended territory): $[Amount – e.g., $800]
License upgrade fee: $[Total – e.g., $1,200]
Multiplier for infringement (2×): $[Amount – e.g., $2,400]
DEMAND:
Pay $[Settlement Amount] within 14 days to cover:
• License upgrade to Extended/Commercial license
• Retroactive fees for print, territory, and merchandise uses
• Infringement premium
Alternatively, immediately cease all uses beyond original license scope (remove from print materials, EU site, merchandise) and we will accept $[Reduced Amount] covering past infringement of web/social license only.
Please respond by [Date]. Failure to resolve will result in copyright infringement claim and potential termination of your account.
Contact [Name] at [Email] to arrange payment or discuss licensing.
Sincerely,
[Agency Representative]
Sample 3: Multiple Images / Ongoing Relationship
[Photographer Name]
[Address]
[Email / Phone]
[Date]
[Agency / Business Name]
[Address]
Re: Unlicensed Use of [Number] Photographs – Settlement Proposal
Dear [Company]:
I am the copyright owner of [Number] photographs that your agency/business is using without proper licenses. I’ve identified the following images on your website and marketing materials:
[List each image with ID, URL, description]
Total unlicensed images: [Number]
LICENSING FEES:
Standard licensing for these images:
• [Number] images for web use: [Number] × $[Rate] = $[Subtotal]
• [Number] images for print use: [Number] × $[Rate] = $[Subtotal]
• Duration of unauthorized use: [X months]
Total standard licensing value: $[Amount]
Infringement multiplier (2×): $[Double Amount]
SETTLEMENT OFFER:
Rather than pursue litigation over each image (exposing you to statutory damages of $750–$150k per image × [Number] images = potential $[X million]), I propose:
Package Settlement: $[Reduced Total] for retroactive licenses on all [Number] images.
This represents [X]× my standard rates—significantly less than litigation risk and a reasonable premium for infringement.
ONGOING RELATIONSHIP:
I notice you regularly use stock photography. If you’re interested, I’m open to negotiating an ongoing licensing arrangement at preferred rates for future use of my portfolio.
DEADLINE:
Please respond within 14 days with:
1. Payment of $[Settlement Amount] to resolve all [Number] images; OR
2. Counter-proposal if you dispute specific images or fees.
If we don’t reach agreement, I will pursue federal copyright claims for all [Number] images.
I prefer business resolution. Let’s discuss.
Sincerely,
[Your Name]
[Portfolio URL]
Defense & Response Strategies
If You Receive a Photo Licensing Demand
📥 Received a Demand? Don’t ignore, but don’t immediately pay the full amount. Evaluate the claim and negotiate.
Initial Assessment
- Verify ownership: Is sender actually copyright owner? Check registration, portfolio
- Locate your records: Do you have proof of license purchase?
- Check image source: Where did you get the image? (Designer? Agency? Download?)
- Review license terms: If you have license, does it cover your use?
- Assess legitimacy: Is demand reasonable or extortionate?
Potential Defenses
| Defense | When It Applies |
|---|---|
| You have valid license | Produce purchase records, license agreement showing use is authorized |
| License interpretation | Argue your use falls within license terms (e.g., “web” includes social media) |
| Fair use | Use is transformative, commentary, news, parody (rare for commercial photo use) |
| Innocent infringer | Reduces statutory damages to $200 if you believed use was authorized (e.g., designer said they licensed it) |
| Statute of limitations | Infringement occurred >3 years ago (but continuing use = continuing infringement) |
| Damages overstated | Their calculation is unreasonable; counter with lower amount based on actual licensing market |
Response Strategies
1. Immediate Removal + Negotiate Payment
- Best if you clearly infringed and want to minimize cost
- Remove image immediately (stops ongoing infringement, reduces damages period)
- Offer 1–2× standard license fee (not the 5× they may be demanding)
- “We’ve removed the image and are willing to pay $[X] to resolve this matter”
2. Prove You Have License
- Provide purchase records, license agreement, confirmation email
- If license is ambiguous, argue your interpretation is reasonable
- Request dismissal of claim with evidence of license
3. Challenge Damages Calculation
- Counter with actual market rates from comparable licensing sources
- “Your demand of $5,000 is unreasonable; similar images license for $200 on [stock site]”
- Offer 1.5–2× actual market rate as compromise
4. Identify Real Infringer (Pass Liability)
- If designer/agency provided image, demand they resolve (they represented they had rights)
- Notify photographer that designer is responsible party
- Seek indemnification from designer/agency if contract includes IP warranties
⚠️ Don’t Make It Worse: Continuing to use image after receiving demand = willful infringement (up to $150k statutory damages). Remove immediately while negotiating.
Settlement Negotiation Tips
- Start with counteroffer at 1× standard rate; expect to settle at 1.5–2×
- Emphasize small business, limited budget, inadvertent infringement
- Request payment plan if lump sum is difficult
- Get written release: “Payment of $X resolves all claims for this image”
- Avoid admitting “willful” infringement (affects damages)
When to Fight
- You have clear proof of valid license
- Demand is grossly excessive (10× market rate with no justification)
- Claim appears to be extortionate or fraudulent
- You have strong fair use argument (rare for commercial contexts)
Attorney Services for Photo/Video Licensing
Photo or Video Licensing Dispute?
I represent photographers and agencies enforcing licensing rights and businesses defending against licensing claims. Whether pursuing or responding to demands, I provide strategic counsel for efficient resolution.
For Photographers & Agencies
- Draft demand letters for unlicensed use and license violations
- Calculate appropriate licensing fees and infringement damages
- Negotiate retroactive licenses and settlements
- File federal copyright infringement lawsuits when necessary
- Pursue statutory damages and attorney’s fees
- Handle group registration for photo collections
- Draft licensing agreements and terms of use
For Businesses & Licensees
- Evaluate strength of licensing infringement claims
- Negotiate settlements and challenge excessive demands
- Assert license defenses and innocent infringer status
- Seek indemnification from designers/agencies who provided images
- Defend copyright infringement litigation
- Implement image licensing compliance programs
Why Legal Counsel Matters
Quick Settlements, Lower Costs: Photo licensing disputes typically settle within weeks. Attorney negotiation reduces settlements by 30–50% on average and ensures releases protect against future claims. For photographers, proper demand drafting maximizes settlement rates.
Representative Matters
- Stock photography licensing violations (Shutterstock, Getty, iStock, Adobe Stock)
- Custom photography copyright disputes
- Editorial vs. commercial use violations
- Extended license and merchandise rights disputes
- Video footage licensing breaches
- Multi-image settlement negotiations
Schedule a Call
Book a call to discuss your photo or video licensing matter. I’ll review the demand or infringement evidence, assess claims and defenses, and recommend strategy for enforcement or resolution.
Contact Information
Email: owner@terms.law
Frequently Asked Questions
No. Google Images is a search engine, not a licensing platform. Finding an image via Google doesn’t grant you any rights to use it. Images displayed in search results are copyrighted unless explicitly marked as public domain or CC0. You must obtain license from copyright owner (directly or through stock site) before using any image commercially. “I found it on Google” is not a defense.
Typical formula: (Standard license fee) × (Multiplier 1.5–3×). For example, if similar stock photo licenses for $300, expect settlement of $450–$900. Lower multiplier (1–1.5×) if you immediately remove and cooperate. Higher multiplier (3–5×) if use was extensive, commercial, or you ignored prior demands. Demands of 10× or higher are generally unreasonable unless willful infringement with substantial commercial benefit. Always negotiate—initial demands are often high starting points.
Yes, you’re directly liable as the infringer (you published it). However, you can seek indemnification from designer if contract included IP warranties. Practical approach: (1) Settle with photographer to stop immediate threat, (2) Sue designer for breach of contract/indemnity to recover what you paid. Copyright owner can sue you, designer, or both—they typically pursue whoever is easiest to collect from. Always include IP indemnification clauses in designer contracts for future protection.
Removal stops ongoing infringement but doesn’t erase past infringement. Copyright owner can still sue for damages covering period you used image without license. However, removal demonstrates good faith and typically reduces settlement demands. Best approach: Remove immediately AND negotiate reasonable settlement for past use (1–2× standard license fee). Ignoring demand after removal may lead to lawsuit; photographer wants to be compensated for past use, not just stop future use.