Once you recover from the initial shock that one of your images has been misappropriated, stolen, or used without your consent or beyond the term of a license (or some more colorful term not printable in this column!), your normal reaction is "Can I recover for my damages and/or can I teach this infringer a lesson?"

The first thing you should do, as in most situations, is to marshall all of the available information you can. This includes the nature and extent of the infringing uses you can discover, and the reasons why such usage was made. Sometimes there is an honest mistake, although often it is wilfull and deliberate.

Once this information is in hand, a strategy is developed on the course to take. This strategy could run from very aggressive - such as a demand to cease and desist all usage and account for damages, to conciliatory - such as a friendly reminder that such use was not authorized but would be available retroactively for a fee.

There are many factors which are evaluated before determining which strategy would be most likely to be effective in any individual situation and to achieve the best result for you and your business. The key to success is often being flexible!

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