Letter received from LCS

[MrsG]

I received a letter from LCS a couple of days ago enclosing screen shots of 4 small images. One is long since gone from my website, another is minute as part of a collage and the other 2 are small and support the written word.  I'm an adult teacher and write tips about color and style etc. and assumed it was Fair Use as not for commercial gain.

Obviously I'm panicking as I followed the link to their website where they're 'demanding' or 'requesting' something over $2000 - I shut it down pretty quickly, I don't have that kind of money.

OK I've been naive but I've immediately removed the offending images and am of course checking everything else.  I've consulted an online lawyer in the UK (Just Answer) who says not to pay anything, there is a lot of proving to be done before it ever gets to court etc. 

My question to this forum is : do I send a letter apologizing, saying it's taken down etc., claiming Fair Use or just leave it and hope it goes away.  I've read fors and against both courses of action.  Once they know you respond they have you 'on the hook' so to speak.

Would appreciate any thoughts and views.  Many thanks

[Robert Krausankas (BuddhaPi)]

keep reading through the forums, ultimately the choice is yours whether to respond or not, either way they wil likely continue to hound you for your hard earned cash.

[stinger]

As Robert says, it is a personal choice with pros and cons either way you go.  There are lots of people who have done it both ways with their experiences listed in these forums.  Use their experience to make the best personal choice for you.

I agree with the online assistance that you have gotten so far.  There is a whole lot of proving to do before you might owe anyone anything.

[DavidVGoliath]

I'm an adult teacher and write tips about color and style etc. and assumed it was Fair Use as not for commercial gain.

The exceptions to copyright infringement per 17 USC 107 under US law do not exist in the UK; the nearest neighbour in terms of legislation is Fair Dealing exemptions, which are not as wide in scope as the related US laws. See https://www.gov.uk/guidance/exceptions-to-copyright#fair-dealing

My question to this forum is : do I send a letter apologizing, saying it's taken down etc., claiming Fair Use or just leave it and hope it goes away.

Whether a use qualifies as Fair Dealing under UK law is a matter that is decided by a judge during trial proceedings; if you are aware of the scope of Fair Dealing and can put forth a fact-based argument that would show your use of the image(s) might be considered Fair Dealing, then the claimant may or may not accept that argument... but it's a very widespread misconception on the internet that folk believe one can simply say "Fair Use!" and not face liability for their actions.

[MrsG]

Thank you to members who've replied with helpful suggestions.

I very thoroughly checked and double checked my website and took down any image that I couldn't substantiate and gradually began to feel a little more in control rather than the initial worried sick. 

I have also contacted Wayback Machine and had my website removed - I very much appreciate their co-operation so that nothing else can be dragged up.

As I've seen on another letter from the UK, my letter from LCS had a London address but was sent by air mail via Jersey - this in itself looks 'fishy'.  I've read so much on this website that strengthens my resolve to ignore their requests and not to get sucked into communication.

Thanks to your wonderful support I'm considerably more prepared should there be follow ups.