How much can a photographer charge for using a photo without permission?

Questioner

As an amateur writer I used a photo without knowing who the creator was, so the source is not mentioned. I am aware of the rules regarding this and am willing to pay the costs. I placed the color photo in question on the cover of my book. Dimensions are 17x24 cm. The photographer sends me an invoice for placing photo 278.00 plus another amount of 278 euros because it is on the cover. So a total of 556.00 euros plus VAT. I have only had 10 booklets made, which I can prove. The price seems high to me. Is my assumption correct and/or are there guidelines for this? I hope to receive a response from you. Greeting,

Lawyer

Good that you ask a question about this. A photographer can in principle determine his own rates and these can also depend on the fame of the photographer and how often a photo is used etc. Usually it is possible to negotiate a rate (does the photographer charge this amount as standard, or does the amount differ per photo?). In addition, it could also make a difference that, as you say, it is a small edition and the photo is not used by you online, for example. You could also suggest (if you have not done so yet) that you use a different photo in a possible reprint. Be careful not to let it come to a case. There are known examples where an amount of 580 euros requested by the photographer increased to more than 2000 euros due to the legal costs etc. Please feel free to contact me if you have any further questions or if you are having trouble with the photographer.