copyright win
such as paid invoices, of your fees later on. There’s more chance of quick payment if you are adaptable: do not charge the friends of the local park what you might charge a multinational. In some circumstances, additional damages can be sought. Particularly for infringements in the US, consider using a specialist third party firm such as Image Rights International (
www.imagerights. com) who are among the longer established of a growing band of such companies. They will pursue the infringer on your behalf, on their own or using US-based lawyers, for a monthly or annual payment and a percentage of the amount won (no win, no further fees). They will also pursue infringers in the UK and some other non-US countries, and search for illicit use of your images.
Contacting, billing and court action Assuming an online infringement, contact the guilty party by email pointing out that their website uses your photograph/s without permission and invite discussion (in writing) of a fee. Add that if they do not respond within 14 days you will invoice them at your usual rate for such use. For good measure, add a link to the relevant section of the London Freelance Branch’s Freelance Fees Guide (https://tinyurl. com/y7mjxhvn). Include evidence of ownership and a screenshot of your press card to confirm your identity and also to subtly indicate that you have a union ready to support you. While all infringers behave differently, typically at this point most will remove the image (but check if they store it on other web pages). If they do not make any payment offer, send the invoice as promised noting they have 30 days to pay. If payment is not received, provide a revised invoice adding interest and a fee under the Late Payments of Commercial Debts (Interest) Act 1998 and request payment within 14 days.
If there is still no response, contact the union
for assistance. I have received invaluable support from the freelance national organiser: in one case, a recalcitrant infringer agree to pay to ‘get the NUJ off my back’. If that still fails to open the
infringer’s pockets, the next step can be the Intellectual Property and Enterprise Court (IPEC;
www.gov.uk/guidance/take-a-case-to-the- intellectual-property-enterprise-court). Filing an IPEC claim is easy, if daunting first time around. Download the forms, compile your particulars of claim, copy screenshots of the illegal use and of the relevant emails, and pay a £35 court fee for cases up to £300; fees are higher for higher value cases. If a hearing is required, there is a further fee to pay (£25 and upwards). Some infringers will be worried about their
credit rating falling following a court judgment against them so may well pay up on receiving the court papers. However, even a judgment in your favour is no guarantee of payment: the company may never have paid anyone anything and will be on their way to being wound up. In this case, comfort yourself with having gained useful knowledge of the court system.
NUJ links and publications Copyright for Journalists and Writers by Tim Dawson and Mike Holderness:
www.nuj.org.uk/copyright-booklet What You Should Know About Copyright:
www.londonfreelance.org/c-basics.html A Few Things You Should Know About Quoting:
www.londonfreelance.org/lifting.html
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