Don't respond hastily
Even with a friendly tone, an information request is part of a professional cease-and-desist-letter practice. What looks harmless is evidence-gathering for the other side.
Urgent · Copyright (photo use) Received a photo cease-and-desist letter?
Received a photo cease-and-desist letter?
Don't pay — get it checked first.
You've received a letter challenging the use of a photo on your website, Facebook page, in a newsletter or on a menu — typically from an instructed law firm on behalf of the Austrian photographers' association (RSV) or individual professional photographers? Demands typically start at around €3,000 and are open-ended — we've handled cases with demands above €15,000. It's essential to get legal advice immediately.
- Fast on business days — within 24 hours
- Review of your letter: €200 net flat fee
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Special case — request for information
When the letter only asks for information about your photo use
In most cases an inflated damages demand arrives immediately. Occasionally, however, it starts with a letter from the other side asking only for information about your photo use — when, where, for how long, in what context you used the image. Special caution is needed here: whatever you write feeds directly into the later damages calculation and can be used against you.
These cases resolve particularly well
If handled correctly early on, exactly these constellations are in our experience especially favourable for the client — because the other side's damages calculation is still open.
Get legal advice before any response
Before responding to an information request, get legal advice immediately. Together we develop the best possible strategy for your specific case.
How we proceed
From the first call to a tailored strategy and solution
Photo cease-and-desist letters often come with short deadlines and can trigger significant cost risks. The enclosed cease-and-desist undertaking should never be signed unchecked. We keep the free initial assessment clearly separate from the further legal work — that only follows once you actually engage us after the initial conversation.
- 01
Free initial assessment
You call, we take time for a short general assessment — plausibility of the demand, rough range, urgency of action.
The initial assessment is free and non-binding. Only afterwards do you decide whether to engage us for the further work.
- 02
Document review & fact-finding
After engagement you forward the letter — cease-and-desist letter or information request — and background on the image use (source, licence record if any, place of publication, duration, reach). On that basis we check whether the claim is justified, in particular the amount demanded, and the strategic room for response.
- 03
Strategy & cease-and-desist undertaking
In most cases a modified cease-and-desist undertaking is the commercially smartest route. It eliminates the risk of repetition. In parallel we work out the best strategic response to the damages claim — tailored to your specific scope of use and your willingness to accept risk.
- 04
Out-of-court resolution — court only if needed
The goal is to resolve the matter quickly, cost-effectively and out of court. If the other side does take the matter to court contrary to expectations, we represent you with decades of litigation experience — from preliminary-injunction proceedings to main-stage proceedings, through all instances if needed.
What you can realistically expect
Transparent fees — realistic outcomes
We don't make outcome promises — that would be dishonest. What we can tell you: from our experience with many photo cease-and-desist letters, the economic impact can usually be reduced significantly.
Fees
Initial assessment by phone: free of charge. Review of your cease-and-desist letter, including discussion and options: flat fee of €200 net. If you then instruct us to act: hourly rate of €380 net — in our experience often around 2 hours, covering strategy, the cease-and-desist undertaking and the response to the other side. If a claim has already been served, the effort depends on the proceedings.
Range of demands
From our practice: photo demands typically start at around €3,000 and are open-ended. We've handled cases with demands above €15,000. Lawyer fees and default interest often come on top.
Strategic goal
Pay as little as possible and minimise litigation risk. Which path gets us there — modified undertaking, waiting defence or targeted counter-argumentation — we decide together with you.
Commercial outcome
Our fee plus the amount you ultimately pay is typically noticeably below the original demand — particularly with short use, limited reach and higher starting demands.
Typical case types
Where these photo cease-and-desist letters arise
Photo cease-and-desist letters hit freelancers, SMEs, restaurants, associations and online shops alike — anywhere a photo has been used to advertise or illustrate without a licence from the rights holder.
Website & online shop
Product photos, mood shots, header images or staff photos — often taken from search engines or Pinterest without the source of the rights being clarified.
Facebook & social media
Images on Facebook pages, Instagram profiles or LinkedIn posts. Even publications going back years can still trigger cease-and-desist letters today.
Newsletters & menus
Illustrations in email newsletters, restaurant menus or event flyers. Printed matter is covered by copyright too.
Blog & editorial content
Article illustrations, editorial pieces on company blogs, or reuses from media articles without a licence search.
Your team for copyright law
Two specialised attorneys. One phone number.
Frequently asked questions
What clients want to know about photo cease-and-desist letters
Who sends these photo cease-and-desist letters — and are the demands justified?
In Austria these letters are regularly sent by an instructed law firm, often on behalf of the Austrian photographers' association (Rechtsschutzverband der Fotografen Österreichs, RSV) or individual professional photographers. The other side systematically pursues unlicensed use of photographs — on websites, Facebook pages, in newsletters, on menus and on blogs. Whether the demand is justified and whether the amount claimed is appropriate depends on the nature and extent of your use — we examine both at the start of the engagement.
I only received a letter asking questions about my photo use — what should I do?
In most cases an inflated demand follows immediately. Occasionally, however, it starts with a letter that only asks for information about your photo use — when, where, for how long, in what context you used the image. Special caution is needed here: whatever you write feeds directly into the later damages calculation and can be used against you. Please do not respond without prior legal review. In our experience, exactly these constellations can often be resolved particularly well for the client when handled correctly early on.
How large are the typical amounts demanded?
The range typically starts at around €3,000 and is open-ended at the top — in our practice we have handled cease-and-desist letters with demands above €15,000. The amount depends in particular on the number of photos used, the duration of use, the specific photographer and the reach of the publication. On top of that, lawyer fees and default interest are often added.
What does a consultation with Tonninger Schermaier & Partner cost?
We work in three stages. A short general assessment by phone is free of charge. For the actual review of your cease-and-desist letter — we go through the letter in detail, discuss it with you and set out your options — we charge a flat fee of €200 net. Only if you then instruct us to act on your behalf does our hourly rate of €380 net apply; in our experience, around two hours is often sufficient. This keeps you in control of the costs at every step.
Should I just pay to make it go away?
Please don't pay without checking. Photo cease-and-desist letters often calculate damages on the basis of an inflated analogous licence fee — particularly with short usage or limited reach. In our experience, paying without checking almost always means overpaying. With the right strategy the economic impact can usually be reduced significantly.
What is a modified cease-and-desist undertaking?
A binding promise to refrain from the challenged conduct in the future — here: the unlicensed use of the photo — backed by an appropriate penalty for breach. We draft it so that it only captures the conduct actually challenged and does not jeopardise any future image use. With a binding undertaking the risk of repetition is normally eliminated. The question of the amount of damages is then resolved strategically — depending on the scope of use and your willingness to accept risk.
What happens if I don't respond or respond too late?
The other side can file a claim, often combined with a motion for a preliminary injunction. You then face not only the original demand but also your own and the other side's lawyer and court costs — the total bill quickly exceeds what an early settlement would have cost. That's exactly what we want to prevent.
What are my chances of getting the amount reduced?
In our long-standing practice the economic impact can be significantly reduced in most cases — how far depends on the actual scope of use and your willingness to accept risk.
Deadline approaching?
Pick up the phone — we discuss your options immediately. A first assessment costs nothing.