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Author Topic: Need help! Mary Evans picture library  (Read 6489 times)

JenniferBoykins

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Need help! Mary Evans picture library
« on: September 04, 2014, 03:45:07 PM »
I received this e-mail the other day. They are trying to charge me $500 regardless if I take the picture down or not. What do I do? I already removed the photo. It was an honest mistake. I will copy and paste the message here:

License Compliance Services on behalf of © Mary Evans Picture Library Ltd.

605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States

9/2/2014 5:40:31 PM

Dear *** ****,

It has come to the attention of Mary Evans Picture Library Ltd that a copyright image represented by Mary Evans Picture Library Ltd or image(s) represented or created from originals in the possession of Mary Evans Picture Library Ltd are being used or have been used for online promotional use by your company. According to our records there is no valid license issued to your company for the use of the image(s).

To view the image(s) in question together with the usage(s) found on your company’s website (http://www.*****), go to: https://lcs.maryevans.com/*****

Using an Mary Evans Picture Library Ltd image without a valid license is considered copyright infringement and in violation of the Copyright Act, Title 17, United States Code, entitling Mary Evans Picture Library Ltd to seek compensation for infringing uses. Mary Evans Picture Library Ltd is committed to protecting the interests, intellectual property and livelihoods of the contributors with whom we work.


To resolve this matter (Case Ref: 4R***-****):
_____________________________________________________________

If a valid license has been issued for the image(s) in question:
Please email the license purchase information to lcs@maryevans.com within 10 business days of the date of this letter.

If a valid license proof cannot be found:

Please cease using the image(s) in question immediately.

In addition, a $500.00 settlement payment should be received within 10 business days of the date of this letter. The payment options are detailed below. Ceasing use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.


Remittance Payment Options (settlement fee: $500.00)
_____________________________________________________________
 


You can remit your payment online at:
https://lcs.maryevans.com/4R*****

Remit Check Payment To:

License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States

Please include Reference Number 4RMT-1**** with check payment.
Alternatively, you may contact us at +1 855 387 8725 or Pay by Wire Transfer to:

Bank of America
Picscout Inc.
Bank Account number: 138110423135
Routing (ABA) Number: 125000024
Swift Code: BOFAUS3N
Address: PO Box 25118, Tampa, FL 33622-5118

Please include Reference Number 4RMT-1*** with wire payment.

We believe that prompt cooperation will benefit all concerned parties.

If you would like to continue to use the image(s) in question, or if you believe you have mistakenly received this letter, please contact us by email at lcs@maryevans.com, or call +1 855 387 8725 and we will assist you.

This letter is without prejudice to Mary Evans Picture Library Ltd’ rights and remedies, all of which are expressly reserved.

 

Sincerely,

License Compliance Services on behalf of © Mary Evans Picture Library Ltd.
lcs@maryevans.com
 


Frequently Asked Questions


 
What is Mary Evans Picture Library Ltd?

Mary Evans Picture Library licences images for commercial use in books, newspapers, magazines, adverts, web sites and all manner of other media.

Mary Evans Picture Library images cover a broad range of topics and subject areas which, although coming under the umbrella classification of history, in fact, extend far beyond most people's perception of historical pictures.

Mary Evans Picture Library material has traditionally been used in an editorial context to illustrate news stories, magazine articles and the like, but today it is increasingly sought by creatives looking for different and stimulating imagery around which to base advertising campaigns or commercial design projects.

Why is Mary Evans Picture Library Ltd contacting me?

Your website was recognized by an internet service Mary Evans Picture Library Ltd uses to identify all online uses of images we represent. After notification by this service and upon review of our billing systems there is no record of a valid license for use of the image(s) identified online.

What if I didn’t know?

You may have employed a third party, former worker or intern to design and develop your company’s site. However, the liability of any infringement ultimately falls on the company (the end user) who hired that party, employee or intern. You may have been unaware this material was subject to license. The Copyright Act treats infringements as “no fault,” meaning anyone who copies, displays or publicly distributes a photograph infringes the copyright whether they were aware that the use was infringing or not.

What if I simply remove the image?

While we appreciate the effort of removing the material in question from your site, we still require compensation. Your company has benefited by using our imagery without permission from Mary Evans Picture Library Ltd or its represented contributors. As the unauthorized use has already occurred, payment for that benefit is necessary.

What if I need to speak further with somebody to discuss this matter?

Please either email us at lcs@maryevans.com or call +1 855 387 8725.



stinger

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Re: Need help! Mary Evans picture library
« Reply #1 on: September 04, 2014, 04:00:54 PM »
If I were in your shoes, I would ignore the email and get educated through this forum.  Email is not an accepted form of business communication.  I would expect that they will follow up shortly with a letter to the same affect.  I would hang on to the email, as it is your earliest notice of their discovery and hence the date your Statute of Limitations begins.

Learn all you can.  For now, the email might be a way to learn more about your situation.  Don't help them.  Get educated.  There are lots of options.  Don't make an emotional choice.  Learn a bit about the law.  Learn a bit about those coming after you.  And then decide how you want to proceed.  This web site is a great tool, if you choose to put it to use.

Robert Krausankas (BuddhaPi)

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Re: Need help! Mary Evans picture library
« Reply #2 on: September 04, 2014, 05:02:39 PM »
Looks like Picscout ( aka getty) is really ramping up the sending out of letters. I just might have to sign up for an account at picscout to see the inner workings.. Thing is I highly doubt picscout has the authority to collect on any images, as Picscout clearly does not own the images, they only have a contract with the photog/artist to scan for infringements..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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rock

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Re: Need help! Mary Evans picture library
« Reply #3 on: September 04, 2014, 09:08:07 PM »
The address used is Getty's address?

Getty Images, Seattle
605 5th Ave South, Suite 400
Seattle, WA 98104
« Last Edit: September 04, 2014, 09:17:38 PM by rock »

Greg Troy (KeepFighting)

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Re: Need help! Mary Evans picture library
« Reply #4 on: September 05, 2014, 12:18:20 AM »
Yes, it is Getty's Address, Getty owns Pic-Scout, so they would probably just use the people they already have rather than hiring more. 

It's just my opinion but after all the court defeats along with their costly victories, added to the drastically changing stock photo industry and finally picking on the wrong person I think the end is finally insight. They are probably starting to hurt for revenue, Robert has seen several Pic_Scout generated letters of late. 

The light at the end of the Getty/McCormack tunnel is a train....cue the music.





The address used is Getty's address?

Getty Images, Seattle
605 5th Ave South, Suite 400
Seattle, WA 98104
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

lucia

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Re: Need help! Mary Evans picture library
« Reply #5 on: September 05, 2014, 07:34:24 PM »
Mary Evans Picture Library appears to host a whole bunch of digital images that are scans of images that must, themselves, reside in  the public domain. (Examples include recruiting posters from WWI or photos of Anne Frank -- of diary of Anne Frank fame).  Of course this doesn't mean Mary Evans Picture Library can't have copyright on the derivative-- but their protection might be rather thin.  Also, they won't have protection on the underlying photo, so they will have to show that you copied their derivative (which you or someone working for you may have, of course.)

I'm curious to read their theory of how these images are "theirs", learn whether they registered their derivative images in the US and so on. (Though I'm not necessarily curious enough to advocate you communicate with them prematurely!)

Anyway, you can see the site here: http://www.maryevans.com/search.php

It might be nice to know which image is involved.

Robert Krausankas (BuddhaPi)

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Re: Need help! Mary Evans picture library
« Reply #6 on: September 05, 2014, 09:13:52 PM »
It's also worth noting that this company is in London, therefore making it much slimmer of a chance they will sue anyone in the US. I doubt Picscout can sue, I even doubt they have any authority to try to collect any monies.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

The-Gobbler

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Re: Need help! Mary Evans picture library
« Reply #7 on: September 11, 2014, 03:18:05 PM »
"Email is not an accepted form of business communication."

Very funny.  Why would you ever give these people the satisfaction of communicating any other way? Email is the ONLY form of business communication.

Greg Troy (KeepFighting)

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Re: Need help! Mary Evans picture library
« Reply #8 on: September 11, 2014, 09:51:04 PM »
If you send an email to them do you know that your email got through, did not end up in a spam folder etc.?  I sent all my correspondence to Getty out via certified letter, that way I had a signed receipt that it was delivered.  I also would only accept written communication from them, I wanted hard copies to take to court should they be foolish enough to go that route.


"Email is not an accepted form of business communication."

Very funny.  Why would you ever give these people the satisfaction of communicating any other way? Email is the ONLY form of business communication.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

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