SuperStock Demand Letter

[JustinCase]

I am so glad to have found your blog.  There is a lot of useful information on this site.

I think you need to add SuperStock to your list of Getty Clones.  

Essentially I got one of these type letters which I am not sure what I should do with it or how concerned I should be.  They included a copy of the photo on our site, a demand letter, and an invoice for $2240.  I would never have bought a photo for anything near that and had no problem removing the photo.  To my knowledge the photo was in the public domain.  I sent them a response letter with arguments I summarize at the end of the post.  They have since responded to me.

Now my question is, given your experiences, if it is just for one photo that I received the letter if I ignore this what are the chances they will come after me? I feel the amount they are asking for is unreasonable, and if they went to court that given this is unwillful infringement that they would not win much/it would be more hassle than it is worth.  Has anyone tried this?  What were your experiences.

Also Oscar if I were to hire you to write a response in your experience will that likely be the end of it or will they continue to try and sue me.  At the end of the day there is no way I will pay the amount they are asking unless taken to court, the amount is just unreasonable.  That said I really don't want to go to court, and would be willing to settle if given a reasonable number, say $100-200.  Anyhow,

Thanks for the advice.

Also here was my argument that I mailed them

I had used one photo that was obtained from photobucket.com.  To the best of my understanding photobuckets terms say that you can use any photo posted on their website.  

I responded to them by a certified mail letter stating that by photobuckets term 6.1 "By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services. Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content)."

And I am sorry that a third party posted their photo in the public domain, and that we removed the photo, but that we had no way of knowing that the photo was copyrighted. They essentially responded back that it doesn't matter, still pay us the money.  They also claimed that photobuckets terms 6.4 contradict 6.1 and over ride it.  6.4 states:" 6.4  The Photobucket Services contain Content of Users and other Photobucket licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Photobucket Services."

I am confused because in 6.4 it states "except for provided within this Agreement"  Well 6.1 is provided within this agreement and their response didn't even address what I sent them in 6.1. They did want me to send them where the photo is located on photobucket, which I am torn on doing because I know they will go after that person then, but I may have to as it was that person who knowingly posted a copyrighted photo to photobucket.

[Oscar Michelen]

I doubt that superstock (or indeed any of these digital image companies) will ever sue over one photo. Its just not going ot be worth their while, especially if the images are un-registered at the time of the alleged infringement. Neither 6.1 nor 6.4 really change that your "innocent infringer" defense and I would not get caught up in a war of words with them. State your position and move on.  The benefit you get when a lawyer writes the letter for you is that they know that the person writing them knows copyright law so they usually stop with their circular reasoning.  Also once they receive a letter from a lawyer, they can no longer contact you directly.  I think it may be prudent for you to wait and see what their next letter says.  I do not think they will file suit as I said so you are probably just going to get another letter

[Matthew Chan]

Justin,

If you don't mind, can you fax a copy of the letter and invoice to 888-696-3441?  Let me corroborate it and make it official for our website.

Thanks for this information.  We are going to be sharing this information on our new Twitter account also.