The settlement proposal
A request for a licence fee: it proposes a sum to resolve the past use of the photograph, and encloses a pro-forma settlement invoice and the evidence dossier.
What the letter says
It may follow a licence enquiry, or it may be our first letter to you — often by post. It says:
From the settlement proposalTo date, we have not received evidence of a valid licence for this use. On the information currently available, the photograph appears to have been reproduced and made available on your website without authority from the photographer or 79 Pixels, Inc.
The letter then names the sum that would resolve the past use and shows how it is made up.
Your four options
From the settlement proposalPlease reply within 14 days and do one of the following:
- accept the proposed settlement and pay the invoice by [the date in your letter];
- provide documents showing a valid licence or permission for the use;
- make a reasoned settlement proposal; or
- explain why liability is disputed, with any documents relied upon.
- Accept and pay. Pay the invoice by card or bank transfer, quoting your reference — see how to pay. Payment plans are available on request.
- Show your licence. Send the licence, invoice or permission you rely on. If it covers the use, we close the case and confirm it in writing. What proof helps.
- Make a reasoned proposal. Tell us what you propose and why, with anything that supports it. Can we negotiate?
- Dispute it. Explain why, with any documents you rely on. We reply in writing with our position. Disputing the claim.
The pro-forma settlement invoice
The letter sets out the sum and how it is made up; the sum includes nothing for costs or interest. Our standard licence rates are published separately in our rate card. The invoice lets you settle on the terms proposed:
From the settlement proposalThe attached pro-forma settlement invoice, payable by [the date in your letter], allows you to settle on that basis. It is not a fine or penalty, and is not intended to suggest that any contract has already been agreed.
The invoice’s reference is your case reference followed by “/I”. It is payable 28 days from the letter’s date, or 30 days for invoices in US dollars.
Removing the photograph, or keeping it
From the settlement proposalUnless a forward-looking licence is expressly agreed in writing, the photograph should be removed from your website and from any other materials under your control. Settlement on the terms proposed would resolve past use only and would not authorise future use. Any proposal to continue use under Creative Commons terms should be identified in your response and will be considered without prejudice to the claim for past non-compliant use.
So: settling resolves the past use only. If you want to keep the image, ask us for a licence covering future use; otherwise please remove it.
If you don’t reply
From the settlement proposalIf we do not hear from you within 14 days, or if an agreed settlement is not paid by [the date in your letter], 79 Pixels, Inc. may send a [the final letter's title], after which proceedings may be issued without further notice.
The final letter’s title depends on where you are — see the final letter.
Letters to the United States
Settlement proposals to the United States give the same four options and the same 14 days, and open:
From the US settlement proposalFor Settlement Purposes Only — Subject to Federal Rule of Evidence 408 and any applicable state equivalents.