Image Copyright Infringement Mediation Services

A Smarter, More Efficient Way to Resolve Single Image Copyright Infringement Disputes

While we offer traditional copyright mediation services, we also offer an expedited mediation service for single image copyright cases, where minimizing legal costs while attempting to resolve the dispute amicably can be a real challenge. Our expedited services include the following features:

  • A special half-day mediation session, priced appropriately — Often, in single image copyright cases, the damage model is not significant and could possibly be less than the attorney’s fees to get to trial or summary judgment. We can accommodate a standard mediation session if requested by the parties.

  • A reduced cancelation fee of $1,000 per party — We realize that the cost of mediation could be cost-prohibitive in some cases. We also realize that avoiding the cost of mediation can result in an incentive to settle the case. Therefore, we have reduced our cancelation fee to $1,000 per party if mediation is canceled within 72 hours of its scheduled start time.

  • Experienced IP trial attorney — Copyright infringement cases can often be resolved quicker if an experienced copyright infringement attorney serves as the mediator.

  • One-page mediation statement — To keep the parties’ costs down, we only require a one-page mediation statement detailing the strengths, weaknesses, settlement discussions, and damage model.

Why Choose Klemchuk Mediation?

  • Led by an IP trial lawyer with nearly 30 years of broad intellectual property law experience

  • More than 1,000 IP disputes handled

  • Deep understanding of technical, legal, and business issues

  • Skilled at bridging communication gaps between parties

  • Neutral, confidential, and business-aligned dispute resolution

Request Expedited Image Copyright Infringement Mediation

If you are facing an image copyright infringement dispute that lends itself to an expedited mediation, contact us to explore how we can help.

FAQ – Single Image & Online Copyright Infringement Mediation

1. What is “single image copyright infringement mediation”?

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.

2. What types of online content does this mediation cover?

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.

3. Am I automatically liable if I used an image I found on the internet?

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.

4. What is “fair use,” and can it apply to online images or videos?

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.

5. What damages can copyright owners claim for a single image used online?

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.

6. Can attorney’s fees be awarded in cases involving online image infringement?

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.

7. What if a licensing company or law firm sent me a demand letter?

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.

8. What if I purchased the image from a freelancer or contractor?

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.

9. Can mediation help with DMCA takedown or re-posting issues?

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.

10. Should a business remove the image before mediation?

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.

11. How long does a single-image copyright mediation take?

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.

12. How much does mediation cost compared to litigation?

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.

13. What is the outcome of mediation—do we sign an agreement?

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.

14. Is mediation confidential even if infringement claims were made publicly?

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.

15. Can parties keep or license the image after mediation?

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.

16. Do I need an attorney for this type of mediation?

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.

Related IP Mediation Services

To support broader intellectual property and technology matters, we also provide:

  • Patent Mediation — Patent mediation provides a structured, confidential process to resolve infringement, NPE patent disputes, licensing, FRAND, and joint development disputes efficiently. It helps parties evaluate technical and legal risk while exploring business-driven solutions unavailable through litigation.

  • NPE Patent Infringement Mediation — “NPE” (Non-Practicing Entities) or pejoratively, “patent troll” litigation can present unique challenges over typical patent infringement cases due to the costs of litigation versus settlement value. Due to the attorney’s fees and damages issues with these cases, we offer expedited mediation services for these kind of disputes.

  • Trademark & Branding Mediation — Trademark and branding mediation focuses on resolving disputes involving brand confusion, coexistence, unfair competition, and rebranding. It balances legal risk with market value to protect brand identity and reduce costly escalation.

  • Copyright Mediation — Copyright mediation helps creators, rights-holders, parties accused of infringement, and businesses resolve disputes over infringement, ownership, licensing, authorship, and digital content. It provides a private, respectful environment that supports collaborative and commercially practical solutions.

  • Design Patent Mediation — Design patent mediation addresses conflicts involving product aesthetics, consumer perception, and ornamental design rights. It enables parties to evaluate similarity concerns and explore creative settlements such as redesigns, coexistence, or licensing.

  • Trade Dress Mediation — Trade dress mediation resolves disputes around product appearance, packaging, store layout, and overall brand presentation. The process helps parties assess consumer perception and develop adjustments that protect brand equity without market disruption.  It also addresses claims of trade dress infringement. 

  • Trade Secret Mediation — Trade secret mediation provides a confidential forum to address misappropriation, NDA and confidentiality agreement breaches, employee mobility, and competitive information disputes. It protects sensitive information while guiding parties toward secure, business-focused outcomes.

  • Software, SaaS, & Technology Mediation — Technology mediation helps resolve conflicts involving software and technology development agreements, licensing, integration failures, performance disputes, and product ownership. It clarifies expectations and rights while keeping complex technology projects moving forward.

  • Online Marketplace & Domain Name Mediation — This mediation service addresses disputes involving domain ownership, takedowns, DMCA violations, counterfeit enforcement, reseller conflicts, unauthorized sellers, and ecommerce platform issues. The process provides fast, practical solutions designed to reduce disruption and protect reputation.

  • Partnership & Founder IP Ownership Mediation — Founder and partnership mediation clarifies ownership, rights, and control of jointly created intellectual property. It preserves relationships and business continuity by guiding fair allocation and future-use agreements.  It also helps one founder exit maximizing the value of the business for both sides. 

These related processes help maintain consistency where IP rights overlap across multiple asset categories.

Disclaimer: Klemchuk Mediation does not provide legal services.  See Klemchuk PLLC’s IP Legal Services page for services provided by the firm. 

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