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Author Topic: Letter from LCS/AFP: First steps  (Read 4688 times)

greenhat55

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Letter from LCS/AFP: First steps
« on: February 18, 2017, 07:43:26 AM »
Very recently my company received an extortion letter from LCS on behalf of Agence France-Presse regarding a single thumbnail image. We are brand new to this rabbit hole of an experience and have a few questions. If they're answered elsewhere on the site, it would be great if someone could direct me to where they're addressed.

1. Is it advisable to visit the link contained in the letter? The letter itself did not specify the settlement amount they are after. I believe that information is only attainable after visiting the link. If we visit this link, are we identified as "suckers" who are paying attention––and thus putting a bigger bullseye on ourselves?

2. We can hardly be called a mom-and-pop company and that is obvious from our website. Will LCS go after a higher settlement fee? Are they more likely to sue or at least be more aggressive in pursuing us?

3. What exactly does Oscar's letter-writing program entail? I understand that he sends a letter to LCS, but what happens next? Does LCS typically respond to these letters? What then?

4. LCS's initial deadline for us to contact them passed before we received their letter. What can we expect to happen and when might we hear from them again?

5. If you were in my position, what would be the next steps you took?

Thanks very much for your help. This website is a great resource. My apologies if these questions are overly basic.

Greenhat55
« Last Edit: February 18, 2017, 07:46:50 AM by greenhat55 »

Greg Troy (KeepFighting)

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Re: Letter from LCS/AFP: First steps
« Reply #1 on: February 18, 2017, 09:23:38 AM »
Hello GreenHat55 and welcome to the forum.

If your letter is from LCS I would not worry too much about it.  If you decide to contact them I would ask for proof of copyright and that LCS has the right to collect on behalf of AFP before any negotiation of price begins.  I would want to see proof and I would cite AFP v. Morel case.  In this case BOTH Getty (LCS is a Getty company) and AFP took, sold and licensed without permission Mr. Morel's photos of the tragedy after the 2010 Haitian earthquake.  AFP and Getty had to pay Mr. Morel 1.2 million for their theft so knowing both of their histories I would want undeniable proof before I would even begin to talk about any kind of settlement.

If you want to go the other route you can ignore it and it is HIGHLY unlikely they will waste their time and money over a single thumbnail image.  LCS/Getty's tactics have always been to rely on the letter recipients lack of knowledge, fear of the legal system and artificially small and short deadline to pay.

Most people just remove the image and ignore them, some choose to engage them.  What you choose to do is up to what you think is best.  I choose to engage them in the HIGHLY unlikely event Getty decided to come after me for my single image I could show I tried in good faith to resolve the matter while Getty refused to negotiate in good faith. I documented my dealings with Getty here including copies of all letters and complaints filed against them.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/
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

Matthew Chan

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Re: Letter from LCS/AFP: First steps
« Reply #2 on: February 20, 2017, 10:26:26 PM »
Greenhat,

I know you want specific answers but you will get few definitive answers.  You will get mostly "probable" or "likely" type of answers.  There are no definitive answers because the folks doing the pursuing don't treat every infringer the same and every victim is in a different circumstance and have different response dispositions/personalities.

My comments to your questions are inline...


1. Is it advisable to visit the link contained in the letter? The letter itself did not specify the settlement amount they are after. I believe that information is only attainable after visiting the link. If we visit this link, are we identified as "suckers" who are paying attention––and thus putting a bigger bullseye on ourselves?

"Advisable" is a strong word.  If you feel sticking your head in the sand is the best course of action as plausible deniability, the don't click. However, if you don't want to be accused of ignoring a situation, then you click to find out more. But you can't complain the settlement information isn't available to you. It is but you have to click on the link. You have to decide for yourself if you feel it is worthwhile. Personally, I am not a big fan of sticking my head in the sand.

2. We can hardly be called a mom-and-pop company and that is obvious from our website. Will LCS go after a higher settlement fee? Are they more likely to sue or at least be more aggressive in pursuing us?

We get lots of smaller parties and mom-and-pop businesses that become nervous nellies. However, they are in many ways "safer".  The general consensus is that the larger and more "traditional" business you are, the greater the risk. Having said that, we have not seen much litigation from any LCS case.... so far.

3. What exactly does Oscar's letter-writing program entail? I understand that he sends a letter to LCS, but what happens next? Does LCS typically respond to these letters? What then?

Oscar does not have a "letter-writing program". It is a no-frills, affordable, legal representation program that begins with a notification letter.  There is no magical pill. He is simply a reputable lawyer who knows his stuff. And he doesn't fall for the common BS tactics being used. He handles any communications that occur including settlement issues.

4. LCS's initial deadline for us to contact them passed before we received their letter. What can we expect to happen and when might we hear from them again?

This is repetitive from other posts. You will definitely get more letters and it might also get escalated to a collection lawyer. They are not going away for the short term. They and others will persist. Count on it.

5. If you were in my position, what would be the next steps you took?

Greg Troy offered one response scenario. The next step is to do more reading here. Or enroll in an ELI Support Call to get a jumpstart and save hours of reading/research.

I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

kingkendall

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Re: Letter from LCS/AFP: First steps
« Reply #3 on: February 20, 2017, 10:46:40 PM »
This video really helped me to know what a copyright infringement is all about.  A lot of demand letters is design to scare the ignorant.  But, it you learn what the deal is the less scared you'll be. 


 

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