LCS Inc on behalf of ALAMY

[-ceo-]

Greetings to All,

     Our company received it's first notice of infringement in the form of an email sent from LCS (upon further investigation is none other than Getty) on behalf of ALAMY (assuming that this is a different stock photo company "name" under the same umbrella?) on February 24, 2016.

     On the same day, we stumbled upon this forum. (Thank the Universe for allowing ELI to flourish)

     The email is identical in format to most of the examples this forum, complete with contact info, case numbers, reference numbers, links, FAQs, an astronomical amount for a single image whether we continue to use it or not, etc.
     The image was immediately removed and a response letter was drafted, but not sent. After extensively perusing the forum for suggestions, we decided not to respond, as that would open up the door that they were knocking on.

     *fast forward 3 business days* (that is correct - 02|29|16)

     We received a second notice, this time in the form of a physical letter sent via snail mail to the company address "dated" February 26, 2016.

     Envelope is standard type - white - Company name and address typed/printed - return address section of the envelope  has "if undeliverable Return to DTP - P.O. Box address in New York - Postage paid in Wichita KS - 

     Letter states that it is the "OFFICAL NOTICE" (as if the first email was an unofficial notice?) - the format is almost identical to the email - front and back with photos, complete with contact info, case numbers, reference numbers, links, the same astronomical amount for a single image whether I continue to use it or not, etc. The only thing missing from the snail mail letter were the FAQs.

     Again, no response.
     Why?  Because we really don't know "how" to respond in order for the notices to cease, which prompted us to sign up for the forum. (Thanks for the approval)

     *fast forward, 10 business days* from the "OFFICIAL NOTICE" letter (02|26|16)

     We received a third notice in the form of an email on March 14, 2016. The email has no case number or photos, but is does have the same contact info, reference numbers, links and the same amount. This time it indicates "escalation to legal representatives and possible legal action." 

     We have done our research as recommended. Not only did we go to the copyright catalog (no copyright found) we also documented instances where the image in question is being showcased on other websites (we doubt they have licenses to use the image but we could be wrong) and we have drafted a few response letters, but have not sent them, because we wanted to gather some insight from the forum before moving forward.

     While we do not want to succumb to some kind of retaliation for not responding in a timely manner, we DO want these notices to cease. Are there any steps we could take to cease the notices once and for all? Maybe we can privately share our response letters, for suggestions on wording and tone?

     We appreciate and Thank you in advance for any suggestions. 

-ceo-

[The-Gobbler]

Be careful about opening those emails.  If you allow remote images to open by default then there is a pretty good chance they can tell if you've opened it or not.  If turn off remote images then they can't tell... dunno if it really matters but always best if they have no idea you've received it.

[stinger]

If the infringement is about 1 image, I would completely ignore everything you receive.

Unfortunately, this will not achieve the result you desire - cease communications.

Persist for three years, and you are in the clear.  If this is too difficult, you might want to consider Oscar's letter program.

[Matthew Chan]

Stinger has correctly and concisely stated the simplest course of action. Most LCS letters can be handled by simply sucking it up for 3 years. It is the least expensive option.

Unfortunately, some people don't have the stomach to withstand these letters by themselves. In those cases, ELI offers the ELI Phone Support and Defense Letter Programs as part of our premium services.

If the infringement is about 1 image, I would completely ignore everything you receive.

Unfortunately, this will not achieve the result you desire - cease communications.

Persist for three years, and you are in the clear.  If this is too difficult, you might want to consider Oscar's letter program.

[Greg Troy (KeepFighting)]

I agree with Stinger and Matthew, if it is just a single image I would just ignore them as they will not negotiate in good faith or provide any proof of claim.

[-ceo-]

Greetings to all!

     We would like to extend a thank you to all that responded. We greatly appreciate all of your suggestions. 

     We refuse to be bullied! It is great to know that assistance is just a phone call away.

      Again, Thank you all and keep up the fight!!