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ItalianoA company has used your photo without asking. Rather than just demanding removal, you can ask them to pay for the use. Here is how to set a fair, defensible amount that they are likely to accept.
The starting point: the licence fee
The basis is what the user would have paid if they had asked first. Courts in the US, the UK and the EU all use the “reasonable licence fee” as a reference. It depends on:
- the type of use: editorial article, company website, product page, advert, print, packaging;
- the duration: how long the image has been online (check archive.org);
- the visibility: home page, banner, size of the image, audience of the site;
- the territory and exclusivity: worldwide web use costs more than a local flyer.
Use your own price list if you have one. Otherwise, compare with stock agency prices for a similar image and with your professional association’s rate guides.
Common surcharges
An unauthorised use is not a normal sale. Photographers commonly add:
| Reason | Usual surcharge |
|---|---|
| No permission asked (unlicensed use) | +100% to +200% of the licence fee |
| No credit or wrong credit | +50% to +100% |
| Image cropped, altered or watermark removed | Case by case, sometimes higher |
| Time spent finding and documenting the use | A fixed handling fee |
These figures are market practice, not legal scales. Courts decide case by case, but a documented, consistent claim is far more likely to be paid.
Worked example
A furniture shop has used your landscape photo on a product page for 14 months. Your web licence for one year is €300.
- Licence for 14 months: about €350;
- unlicensed use surcharge (+100%): €350;
- no credit (+50%): €175;
- total claimed: €875, with an option to keep using the image with a credit.
Frolay Protect calculates this kind of proposal automatically from your own rates and lets you adjust each line before sending.
Retroactive invoice or cease and desist letter?
A retroactive licence invoice is friendly: it assumes the site acted in good faith and offers to regularise the situation. It works well with small businesses. A cease and desist letter is firmer: it states the infringement, sets a deadline and mentions possible legal action. Many photographers send the invoice first, then the formal letter if there is no reply.
Tips to actually get paid
- Capture your evidence before any contact.
- Write to the company itself, not an anonymous contact form, and name the exact page.
- Give a clear amount, a deadline (14 days) and a simple way to pay. Frolay Protect adds a “Pay for the licence” button that takes card payments straight to your account.
- Stay polite and factual: the goal is a payment, not a dispute.
- Follow up once, then escalate.
Frequently asked questions
Can I claim more than my normal licence fee?
Yes, it is common to add a surcharge for the lack of permission, the missing credit and the time spent. In court, damages may also exceed the normal fee, and in the US statutory damages can be much higher for registered works.
Should I add VAT or sales tax?
It depends on your status and your country. A retroactive licence is a sale of rights, so apply the same tax rules as for your normal licences. Ask your accountant if in doubt.
What if the site removes the image without paying?
Removal does not erase the past use: you can still claim compensation for the period the image was online, with evidence. That is why you must capture the evidence before any contact.
What if the site is in another country?
Collecting payment is harder. Aim for removal through a DMCA notice or a notice to the host, and keep payment requests for companies you can clearly identify.