LCS/StockFood America (& Alamy)

[Milky Way]

I just got a letter from LCS/StockFood America shaking me down for $830 for a single image used on my blog (read by no one) in 2011. I immediately took the image down, but haven’t replied yet to their email.

I subsequently found the identical image at Alamy Stock Photo for $39.99 for 5-year web use.

So, it seems StockFood does not have exclusive rights to this particular shot.  Does that negate their claim? Is that how I should craft a response letter (if any)?

However, I see from your Getty Images Letters Forum that LCS also represents Alamy. Would they bother to cross-check to see if I licensed from Alamy? (I didn’t.)

Please advise.

[Greg Troy (KeepFighting)]

I would get screen shots of the image on the other site and keep it for your records.  I would not engage them as it doesn't matter what you say they just want your money.  They would have a hard time proving they have exclusive rights to the image with it being offered on another site.

With what you have said I don't think you have much to worry about, I would just ignore them.

[Milky Way]

Thanks for that advice, Greg. Hadn't thought of that.

I just got their follow-up letter today, which I guess I'll ignore per your advice. I'll let you -- and the world -- know if they ever escalate to litigation!

[Greg Troy (KeepFighting)]

The odds are extremely low that they will and pf course make sure the image has been removed from your site and server.  You have a 3 year SOL for them to do anything, once you pass that you are in the clear.  We generally use the date on the first letter you received as your start date.