Going to Law Members  

If you discover that someone has reproduced your artwork without your permission or failed to pay you for a commission you can approach them to resolve the issue. We would usually recommend that you attempt to settle the claim before going to court. If you do decide to commence court proceedings, then you should be aware the court will expect you to have tried to settle the matter with the defendant first. For example, you should send a letter to the defendant known as a "Letter Before Claim" which contains enough information about the matter so they understand your claim before you start a court action. You'll require a legitimate address for the person you are serving and send by recorded delivery for proof of mailing.

If attempts to settle fail, the last resort in resolving a dispute is to go to court. This should be avoided if possible, because even the cheap and informal Small Claims procedure consumes a great deal of time and emotional energy. Claims issued by illustrators are sufficiently low value (in relative terms) to take advantage of the County Court Small Claims Track, Money Claim Online or the Intellectual Property Enterprise Court Small Claims Track, all of which are outlined below.