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.

Almost always. Copyright cases can become expensive quickly, especially when discovery, expert analysis, or statutory damages are involved. Mediation resolves disputes early, privately, and at a fraction of the cost.

Yes—often more effective than litigation. Creative works carry personal meaning, and mediation provides a structured but empathetic setting where emotional, commercial, and legal interests can be balanced.

Nothing is lost. The case continues down its normal path, and neither party gives up legal rights. Many disputes that don’t fully settle in mediation still narrow significantly, simplifying any future litigation.

Yes. Mediation is private and confidential. Disclosures made during the process cannot be used in court, which protects sensitive creative, financial, and business information.

Typical outcomes include settlement agreements, revised licenses, royalty agreements, attribution requirements, takedown commitments, joint authorship or ownership agreements, revenue-sharing structures, or payment-based settlements.

It’s strongly recommended. Copyright law carries long-term implications for ownership, licensing, and future rights. Your lawyer helps protect your interests and ensures agreements are enforceable.

Helpful materials include copies of the work(s) at issue, versions or drafts, contracts or licenses, publication history, and any communications relevant to the dispute. Don’t worry if you don’t have everything—the mediator will guide what’s needed.

Most disputes resolve in a half-day or full-day session. More complex disputes—such as multi-creator projects or licensing disagreements—may require two sessions.

Yes—especially for content used on websites, social media, e-commerce platforms, advertising, or blogs. Mediation provides a controlled way to address takedowns, attribution, retroactive licenses, or settlement of infringement demands.

Absolutely. Questions about sequels, adaptations, spin-offs, modifications, or derivative rights (including AI-generated content) can be handled effectively in mediation.

Mediation is an excellent way to fix unclear or outdated license agreements, adjust royalty terms, renegotiate rights, or resolve disputes involving contract interpretation.

Yes. Ownership and authorship disagreements are among the most common issues in copyright mediation. The mediator helps parties evaluate contributions, agreements, and expectations to reach a fair and sustainable resolution.

Not always. In many cases, removing the content prevents further disputes, but some parties prefer to discuss options—such as temporary licenses or replacement content—during mediation before making changes.

Mediation is faster, confidential, and more business-focused. Instead of rigid court outcomes, parties can negotiate practical solutions like licenses, attribution agreements, royalty structures, or content modifications. Litigation is public and expensive; mediation is efficient and controlled.