Following up when a licensed use exceeds the agreement

Compare the buyer’s observed use with the full permission history and preserve what you can document. Ask for an explanation, then choose a specific outcome; an unexpected placement alone does not prove infringement.

Check the scope and evidence

Gather the licence, amendments and relevant correspondence. Compare the observed use with the permitted media, dates, territory, volume, alterations and any rights granted to agencies or distributors. Check whether the licence was renewed or another rights holder authorised the use.

Record the work, who appears to be using it, the page address and the date; take dated screenshots and keep copies of advertisements or publications. Write down where and when you found each example. Preserve the records even if the use later disappears.

The Copyright Act 1968 contains Australian copyright law; copyright protection in Australia is automatic and does not need registration. If ownership or licence wording is uncertain, or you cannot tell whether the issue concerns the agreement, copyright infringement or both, get advice before making a firm legal allegation. IP Australia has more information on recognising IP infringement.

Separate what you observed from what the buyer says about audience, print run or sales, and keep those records with your other evidence.

Decide what to ask for

Decide what you want: stopping ongoing use, correcting an alteration or credit, or agreeing on permission for continued use. A credit request may rest on an agreed licence term; it does not by itself resolve whether the use exceeded permission. You can propose an additional licence, but an invoice alone does not show the buyer accepted new terms.

A first enquiry can identify the work and agreement, describe the observed use, point to the relevant term and ask the buyer to explain their understanding by a reasonable date. Ask whether the buyer relies on a renewal, amendment or authorisation from another rights holder, and retain the response.

Suggested wording: “I’m following up about [work] and [observed use], which appears different from [relevant licence term]. Please explain what permission you understand applies, including any renewal, amendment or other authorisation, by [date].”

Escalate carefully

business.gov.au’s “What to do if someone uses your IP” recommends understanding and documenting the issue before taking action. It advises contacting the other party politely and professionally rather than aggressively or threateningly, and warns that what you say may limit future enforcement options.

If the likely impact is minor, doing nothing and monitoring the situation can be an option; you may still be able to act later if it changes. For advice about your specific situation, speak with a legal professional who specialises in IP.

A letter of demand or cease-and-desist letter is a formal request. Get legal advice before sending one, particularly if ownership or the licence terms are uncertain.

For use on a website or e-commerce platform, business.gov.au says you can ask the site owner to take it down. A report or legal action does not guarantee removal or payment.

When the matter is resolved, keep the correspondence and agreed outcome with the licence record to preserve a record of any agreed change.