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Author Topic: Pixsy Demand Email  (Read 6637 times)

bilbo1

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Pixsy Demand Email
« on: November 20, 2018, 08:44:34 PM »
Hi there,

I recently received a Pixsy demand letter asking for $750 for use of a photographers image in a blog post on my site. The author of the blog post grabbed the photo from flicker but forgot to attribute the photographer correctly, which is required under the creative commons (CC 2.0) license, which the photo was listed as.

I followed what was suggested on other Pixsy related posts here on ELI.

I responded with a "thank you" for the notification and I notified them of my actions (removed image, account holder (author of blog post) has been notified of the claim).

However, I have not registered a designated DMCA agent in an online filing with the US Copyright Office and Pixsy have pointed this out.

Pixsy said that they if I can show them that I had a registered agent at the time of the infringement then they would drop the case.

If I register now is it too late? is there any other way to have the DMCA safe harbor provisions?

Any input would be appreciated.

Cheers

DavidVGoliath

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Re: Pixsy Demand Email
« Reply #1 on: November 21, 2018, 11:02:24 AM »
If I register now is it too late? is there any other way to have the DMCA safe harbor provisions?

Short version: yes.

Slightly longer version: you're only covered under safe harbor immunity from the effective date of registering your agent's details; if your site has published potentially infringing material at any time before that date, you'd still be liable.

So - best to perform a full audit of your site, clear out any material you think might be infringing, and register your agent as soon as possible.

bilbo1

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Re: Pixsy Demand Email
« Reply #2 on: November 21, 2018, 10:09:05 PM »
Thanks for the reply.

"So - best to perform a full audit of your site, clear out any material you think might be infringing, and register your agent as soon as possible."

- Yes, I will complete these steps.

But regarding the current claim, is there anything I can tell Pixsy to get them off my case?

I was thinking of asking them to provide proof that the photographer has authorized Pixsy to act on their behalf because they have not yet provided proof that they have a contractual agreement.

I was thinking that this would at least stall them, but I haven't really got a plan beyond that.

If I really am at fault in this situation and there is no other way to get them off my case, I could also try to talk them down in price. Because as it stands, $750 for temporary use of a creative commons license image seems completely unreasonable.

Any more ideas?

Robert Krausankas (BuddhaPi)

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Re: Pixsy Demand Email
« Reply #3 on: November 22, 2018, 07:50:55 AM »
do your homework, get educated, use these forums to decide what is best for you..This questions has been asked a million times, and answered just about as many..All of the answers are here already, you just need to do the footwork.
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..

Matthew Chan

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Re: Pixsy Demand Email
« Reply #4 on: December 07, 2018, 09:38:05 PM »
Robert K. and I discussed this matter in another copyright infringement case ruling. Having a registered agent is definitely the safest way to ensure DMCA safe harbor protection.  There was a ruling that discussed this very matter if you don't have a registered agent.

From my non-lawyer understanding and interpretation, NOT having a registered agent doesn't automatically mean you automatically forfeit any safe harbor protections. It just means the burden on you is harder.

It is loosely analogous to copyright registration.  Just because you don't register an image doesn't mean there is no copyright that exists. It simply means that by NOT registering an image, it makes it much harder in a court of law.

My general opinion is that you still have safe harbor protections. It is not automatically forfeited if you don't register.

You may need to do a local search or Google search on the ELI Forums regarding the specific case. I am pretty sure we discussed it somewhere. I know for a fact that Robert and I discussed this on the phone some time ago.

Robert, you have a laser memory. You remember the case I am referring to? I think we discussed this 2 years ago?


Pixsy said that they if I can show them that I had a registered agent at the time of the infringement then they would drop the case.

If I register now is it too late? is there any other way to have the DMCA safe harbor provisions?
Cheers
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.

Robert Krausankas (BuddhaPi)

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Re: Pixsy Demand Email
« Reply #5 on: December 08, 2018, 05:37:58 PM »

Robert, you have a laser memory. You remember the case I am referring to? I think we discussed this 2 years ago?


 believe you are referring to this case:

https://www.extortionletterinfo.com/forum/getty-images-letter-forum/bwp-media-appeal-in-texas-(dmca-agent-not-required-for-safe-harbor-protections)/msg21064/#msg21064
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..

 

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