Calculate license damages
Calculate license damages now
Has one of your photos been used without your permission?
Use our calculator to get a first impression of the possible license damages you could claim.
Our calculator is based on a large number of judgments and gives you an initial indication of possible compensation.
Of course, every case is unique.
The amount calculated is therefore only a guideline and in actual legal practice, surcharges or deductions may arise due to the specific circumstances and particularities of each case.
Calculate license damage
After providing some information, we can calculate a guideline value for possible license damages.
The amounts are the result of a large number of court rulings.
Caution: Every case is unique.
It is essential that you seek advice from a specialist lawyer in order to know your exact claims and to find out how you can effectively enforce them.
If you would like a precise assessment of your case or further information, please do not hesitate to contact us using the contact form.
Our experienced team is ready to protect your rights as a photographer.
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FAQ on the calculation of license damages
1 Who decides on the amount of license damages?
If no agreement is reached between the parties out of court, the court shall decide on the amount of the license damages at its own discretion. It takes into account all aspects on the part of the photographer and the image user. For example, the type and scope of use, licenses granted to date and the recommendations of the Mittelstandsgemeinschaft, Fotomarketing (MFM) play a role here. The courts often make additions or deductions for individual particularities of the case. This is the case, for example, if the author is not named or not named correctly. Many courts then apply a surcharge of 100%.
2 When are the MFM recommendations applied?
The recommendations of the Mittelstandsgemeinschaft
Fotomarketing (MFM) are often applied by the courts in professional relationships (commercial photographer and commercial user). Occasionally, the courts also use the recommendations as a guide when estimating an appropriate amount of license damages and then make reductions or additions.
3. which surcharges are possible
Courts add surcharges to a calculated amount of license damages if the specific type or scope of use justifies this. This can be, for example, use without naming the author, use in an online store or on a multilingual website. Whether and to what extent such surcharges are accepted by the court depends very much on the circumstances of the individual case.
4. what discounts are possible?
Courts make deductions from a basic license damage compensation amount if the amount initially determined does not do justice to the details of the case. For example, discounts are conceivable for very low-resolution use, use on a very small scale and the like. Experience has shown that the courts are somewhat more cautious with discounts than with surcharges.
5. am I correctly named as the author?
The naming of the author as the creator of his work is a legal obligation that can only be dispensed with in very few cases. The credit must be given in such a way that the respective work, i.e. the photograph, can be clearly attributed to the author. This is often not the case if the viewer cannot clearly identify which image comes from which photographer in the case of a large number of photographs (and possibly also a large number of authors). Even then, there is an incorrect copyright attribution, which can justify compensation for license damages.