Letter of Demand for Illustrators

In this article, you’ll find information about a cease-and-desist letter for illustrators. This can help you if someone infringes on your copyright. This article was made possible thanks to CultuurCollege and Marlous Roelofs, Esq. At the bottom of the article, you can download a template for a cease-and-desist letter. We’ve also published articles discussing cease-and-desist letters for designers, photographers, authors, translators, and poets.

In what situations do you use a demand letter?

Illustrations are copyrighted works. You decide what happens to your work. If someone wants to use your work, they must obtain your permission. If your illustration is used without your permission, that constitutes copyright infringement. You will then suffer damages due to lost income. In that case, you should send a cease-and-desist letter to stop the infringement and seek compensation for your damages. If you feel wronged, emotions can run high, and you often lose sight of exactly what you want. For that reason, it’s wise not to immediately call or email the party in question. A cease-and-desist letter allows you to assert a claim against the infringing party. This claim has a deterrent effect; it makes it unattractive for the other party to continue using your work.

Steps for Sending a Demand Letter

To avoid (major) conflicts and ultimately get what you're entitled to, follow these steps.

• Are you entitled to take action against the infringement? Or is that, for example, the publisher of the book in which your illustrations were published? To find out, check the license agreement you entered into with your publisher. If you publish your illustrations yourself, this does not apply.
• Gather evidence of the infringement: take screenshots or photos (including the date); this will prevent the infringer from deleting the evidence, which would make it impossible for you to prove the infringement. So always gather the evidence before you send the cease-and-desist letter.
• Determine the amount of your damages: for example, what is your usual (licensing)fee?
• What exactly do you hope to achieve with the cease-and-desist letter? Do you want the infringement to stop, or would you rather reach an agreement with the infringer? This might actually yield better results than seeking damages. For that reason, it’s also wise not to call or email beforehand. Emotions can run high in this situation, and you might end up in a less favorable position.
• If applicable: notify the publisher of the book (in which your illustrations are published) of the infringement and of the action you have taken.
• Send a demand letter by certified mail and by email.

Download a demand letter for illustrators

CultuurCollege offers a demand letter for illustrators. You can download it here.

Disclaimer

For this article, we drew on the knowledge and expertise of CultuurCollege and Marlous Roelofs, Esq.

If, from your expertise, you yourself have knowledge that would fit this topic, or if you see opportunities to improve this text, we look forward to receiving your message at info@cultuuracademy.nl.