| Joined: | Thu Apr 19th, 2012 |
| Location: | United Kingdom |
| Posts: | 4428 |
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I had a situation where someone was making t-shirts using one of my images. I sent them a letter stating this: (I have replaced some specific info with myphoto, yourshirt, yourwebsite, etc).
To Whom It May Concern:
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled myphoto.jpg ("the Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, which was first published in March 2011 at mywebsite.com. A copy of the Work is shown below.
Your shirt entitled yourshirt which appears on your web site at yourwebsite.com (also shown below), clearly used the Work as its basis.
You neither asked for nor received permission to use the Work as the basis for yourshirt. Therefore, I believe you have willfully infringed my rights under 17 USC Section 101, et seq. and could be liable for statutory damages as high as $100,000.
I demand that you immediately pay my standard usage fee, which is $500.00 for small quantity usage (yourshirt only) or $1000.00 for unlimited usage. If unlimited usage is desired, a high-resolution image file shall be delivered by me upon payment.
Until then you must immediately cease the use and distribution of all infringing works derived from the Work, and desist from this or any other infringement of my rights in the future.
If I have not received an affirmative response and payment from you by August xx, 2012 indicating that you have fully complied with these requirements, I shall consider taking the full legal remedies available to rectify this situation.
Sincerely,
David S. Groen
They paid me. No lawyers got involved, no small claims court.
Feel free to plagiarize my letter. I won't sue you.
I had not registered my work with the copyright office. The copyright to any original work belongs to the person who created it whether you register it or not. Registration does make it easier if you end up in court, though. I had my prior publication as proof of my ownership.
Sounds convincing and forceful enough to me!
I even started writing a cheque to you ....and I havent done anything!!
____________________
Eric