Not necessarily, but it can be helpful. Mediation welcomes parties with or without attorneys; however, because copyright law is complex, many participants choose to consult counsel outside of the mediation session. The mediator does not represent either side. We do not provide legal advice to mediation participants.

Often yes. Many settlements include:

• retroactive licenses

• limited future-use licenses

• one-time payment for ongoing usage

• removal + non-use agreement

Mediation gives parties flexibility that courts cannot offer.

Yes. Mediation is fully confidential. Statements, documents, and settlement negotiations cannot be disclosed or used in court. This protects both creators and businesses from reputational harm.

Yes. If the parties resolve the dispute, mediation typically concludes with a written settlement agreement specifying:

• payment terms (if any)

• permitted usage or removal requirements

• future licensing rights (if any)

• confidentiality

• release of claims

This provides finality and prevents the dispute from resurfacing.

Mediation is significantly more cost-effective. Litigation requires months or years of attorney time, federal court filings, expert fees, and discovery. Mediation replaces all of that with a structured negotiation process, often completed in a single session for a predictable, limited fee.

Most cases resolve quickly—often within half a day, or even during the initial session. Because the dispute usually involves a single asset and narrow factual questions, mediation avoids the complexity and expense of litigation.

Removing the image can be a smart risk-management step. However, removal does not eliminate liability and care should be used to preserve evidence. Mediation allows parties to discuss whether removal was prompt, how long the image was displayed, and whether the removal helps reduce potential damages. The process for how the removal is achieved can also be discussed at mediation.

Yes. Many image disputes involve DMCA takedowns on websites, blogs, e-commerce platforms, or social media.

Mediation can help parties negotiate:

• reinstatement

• partial removal

• licensing terms

• revised usage rights

• future permissions

This avoids further platform disputes or account strikes.

Responsibility can depend on the agreement you had with the freelancer. In mediation, both sides can analyze whether the contractor granted proper rights, whether warranties apply, and whether the copyright owner’s claim has merit. These vendor issues are often resolved much more efficiently in mediation than in court.

Image enforcement companies often issue demand letters seeking settlement amounts.

Mediation gives both parties a neutral setting to evaluate:

• whether the use was commercial

• whether licensing existed

• whether the requested amount is fair or inflated

• how litigation would impact each side

This process often results in faster, more cost-effective resolutions.

Yes, but only if the image was registered before the alleged infringement or within the safe harbor time period. If it was registered late or not at all, attorney’s fees usually aren’t available. This dramatically affects negotiation leverage, and mediation is an ideal forum for evaluating the fee-shifting risks on both sides.

For registered works, copyright owners may claim statutory damages of $750 to $30,000, or up to $150,000 for willful infringement. For unregistered works, they may seek actual damages such as lost licensing fees. Mediation can realistically assess the likely damages—often far lower than statutory maximums—and find a practical resolution.

Fair use allows limited use of copyrighted material without permission under certain circumstances—typically for commentary, criticism, education, news reporting, parody, or transformative uses. However, most commercial uses of online images are not fair use. Mediation allows both sides to privately evaluate fair use arguments, compare risk, and negotiate an outcome without a public fight.

Not automatically. Copyright law is strict, but liability depends on how the image was obtained, whether a license existed, whether an employee or vendor supplied the content, and whether your use qualifies as fair use. Mediation helps parties assess these factors in a practical, risk-based way.

Mediation applies to disputes involving photos, graphics, illustrations, memes, stock images, social media videos, embedded YouTube content, blog visuals, product photography, and other digital media used online. Whether the content came from a Google search, a freelance designer, a vendor, or a social media repost, mediation can help resolve the issue efficiently.

This type of mediation focuses on resolving disputes where a business, creator, or website is accused of using a single online image or video without proper permission or licensing. The mediation provides a confidential, efficient setting to evaluate risks, negotiate a fair resolution, and avoid costly litigation.

You’ll find plenty of convenient parking right outside The Gild at 8150 N. Central Expressway in Dallas. We’re on the 10th floor.