Hey guys!
So, I wasn't sure where to put this but I think this is the correct place. I was recently contacted by a Jonathan Thomas from both ClearArts and 'Lived in Images' (Lived In Images is now doing business as Hometica) stating that one of his images were found in a post on my blog (the email included a screenshot) and told me to cease & desist and pay them $1,000 or they can take me to court and fine me up to $150,000. I am sure you all know this story. I had no idea that the image was copyrighted. I probably came across it on some Google search or pinterest pin- I am not exactly sure as the post was made over two years ago and I am getting the letter now.
Anyway, I wanted to detail a bit of what I have been going through (in hopes that it may help someone else) and perhaps get some valuable insight from you because this is pretty scary for me.
Jonathan was listed as the contact to talk to which I felt was strange as it seems that most of these letters seem to come from a representing attorney but I may be wrong. He is the CEO. My family attorney did speak to Jonathan and negotiated a settlement of $250. The decision being because as I have nothing to my name, I immediately removed it, and (with proof of copyright) would be willing to pay the settlement a week earlier than requested.
Now, here is where things get fishy. He sent us the copyright which did not contain the names of the images being registered, it just said "see attached spreadsheet" which he did not send to us. We requested the spreadsheet but, it just seemed all kinds of wrong. The section in the copyright for alternative titles said that these were a part 5,500 published images. Based on research, I assumed he must have broken it up as it is not possible to register more than 750 published photographs at a time. The spreadsheet he sent us had a record of 3,000 images. (?) Also, in speaking to the copyright office myself, was told that the speadsheet would need to have images corresponding to the titles of the photographs. That was not at all found in the excel file he sent. So, again, we asked for the original spreadsheet that was sent over to the office as we were having trouble connecting the image in question to the copyright and he comes back today saying that it was the original spreadsheet sent. No... That is not possible. It doesn't match either the 5,500 number mentioned in the alternative title nor does it match the 750 max that only the office will accept.
In doing more research on the image, I saw that over 350+ websites have used it. One from Glamour.com credited Getty for the photo. We contacted Getty and they could not identify it as one of their own but! they suggested we visit MasterFile and well look at here, there it is. Naturally, I am confused because now I am not exactly sure who owns the rights: Hometica or MasterFile. The copyright sent did have Jonathan's name as the one seeking to get it registered. Could Jonathan have placed the image on both sites? The cost is substantially different. He told my family's attorney that the image cannot be found for less than $250 on Hometica which is not true as the cheapest is in fact, $150.
Anyway: the paralegal helping me (family friend) spoke to an IP lawyer that is a colleague of hers and he essentially said to cease & desist (which I did immediately) but do NOT pay up unless he proves to a certain fact that the copyright he sent us is related to this image as there are 'scams' pertaining to this sort of thing. Oh, and here is something you might find interesting: the lawyer said we should have just ignored the email to begin with.
So, yes, at this point I'm feeling like I should have just ignored it and looked at the portion of the email that said 'don't throw away this isn't spam!" and done just that, but I wanted to do the right thing. I know despite unintentionally infringing upon a copyright that I am still in the wrong and this really scares me. The idea of being taken to court really scares me because it can be a long, expensive process and let's face it: I'm poor. But I also know that this isn't adding up. The excel file cannot seem to be the original he claims it to be. He is the CEO and not a representing lawyer. He wants me to forward the money via Paypal and the release he sent for me to sign after the agreed settlement all of a sudden said "$350" rather than the $250 and he is describing me as a company rather than an individual. Not to mention there were other issues with the release which he wanted me to admit as 'liable' for this and that to which I was advised not to sign at all.
At this point, I am thinking of having my family attorney contact him once again to let him know we do not feel comfortable in paying as we were not provided with substantial proof. Is that the right move? Should we say anything at all about me not being to agree to the terms? Should I try to re-negotiate a smaller settlement or just settle with the agreement of $250? He seems legit so that's why I am so unsure whether I should take the risk of going to court. The deadline to pay is tomorrow, May 9. heh
Any advice on how to proceed will be greatly appreciated. If anyone has heard from this guy, it'd be great to hear from you as well.
I apologize for the length of this.
Topic: Confused: ClearArts + Lived In Images (Read 6337 times)