Settlement copyright letter from Super Stock

[hogieman]

Hi

I am fairly new at web site development and a bit naive. I recently received a letter from Super Stock stating I published an image on my secondary page without a valid license from them. They originally stated damages of $2240... to be paid within 10 days after date of written mail (of which by the time I received it was already 4 days into those ten days).

I immediately returned a phone call and explained the banner that held the partial image did indeed look like one from their site but I had hired the work out approximately 2 + years ago as I didn't have photoshop capabilities and I have no recollection of the person that did this for me other than his first name.

I was asked to put in email an explanation of the history of my site, info of the source of the banner that included their partial licensed image and remove it from my site so I complied and thanked them for bringing this to my attention.

A few days later, I receive what I would call, an unprofessional email from the same person stating:

"Thank you for your email. Without waiving any rights or remedies, SuperStock will accept your allegations the infringement was unintentional and settle its claim for $750 provided payment is received on or before September 15, 2009.
Please give me a call if you have further questions."

I have not responded since receiving their email and am trying to do as much research as I can first.
What does:  Without waiving any rights or remedies.." mean?  That they can come after me for more???

I looked at US COPYRIGHT law and it states:

504  Remedies for Infringement: Damages and Profits
Part (c) Statutory Damages
Under section  (2)   (It states...)  "In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200."

My dilemna:  if they are in agreement that this was an unintentional infringement, why would I pay $750 and not the $200 if it went to court? I'm at a loss as to what to do. Would paying the $750 end it all? It doesn't sound like a settlement to me. They have provided no info to me other than the Rights Managed Image Number to the photo and a screenshot of my web page, along with their letter.
Wouldn't paying up $750 say I am guilty of intentional stealing?

Thanks in advance for your replie(s)

Judi

[Oscar Michelen]

I am handling a handful of Superstock cases, they are not anywhere near as active as Getty and Masterfile, but they seem to be closer in pattern to Getty, in that they tend not to sue over a few images.  I would be glad to assess your situation if you want to send me an email of the letters you've received.  My address is xxx

[hogieman]

Hi Oscar

Thank you for your reply. Email sent 5:27 EST.

Judi

[JustinCase]

Please let me know what happens with this as I have gotten almost the same identical letter.

[hogieman]

Hi Justin

I chose to do nothing more. Did not contact them back. Haven't heard from them back either. Not yet.
What are you choosing to do?

Judi

[JustinCase]

I sent them a letter arguing my case.  I did hear back, they didn't move much on their position.  If you are interested, I would be interested in speaking with you about both of our experiences.  If you want to email me personally you can do so at j3smith AT gmail dot com (trying to avoid spam) and I can tell you what I have heard in more detail.  I'd also like to hear about your experiences.  

Look forward to hearing from you.  Justin

[Oscar Michelen]

Keep us updated guys Thanks for posting

[Matthew Chan]

Everyone who is receiving Superstock Settlement Demand Letters, please fax a copy of your letter and invoice to 888-696-3441.  I am happy to keep the information you submit confidential.  I would like to add it our records and compare it to the other letters/invoices we have on file.

Thanks.

[hamilsoft]

Judy and Justin -

I recently received a letter from Superstock and don't know how to proceed.  Will you please update me with your experiences so far.  Thanks for your help.

[hogieman]

Hamilsoft,

I did nothing but contact them after removing the image. They tried to settle on $750. I ignored their last settlement "email" and felt they handled it unprofessionally. I have heard nothing since.

Hope this helps.

Judi

[hamilsoft]

Thanks Judi, I will keep you posted.

[hogieman]

OK Hamilsoft.  I'll do the same.  Good luck.

[webbie]

It's been 7 weeks since your last post and i was wondering what is going on with this case.  We got a letter too and we have no intention of paying for a corporate shakedown.

[hamilsoft]

Superstock actually called us on the phone.  Our case is somewhat unusual in that we were displaying a third-party ad that displayed their image (see my post http://www.extortionletterinfo.com/forum/read.php?2,887,887#msg-887).  When I explained to their rep that we didn't actually possess the image on our server but linked to it via a third party's server, he replied that it was Superstock's policy to "approach the source".  I believe there is a legal basis for this, as the DMCA contains language limiting our liability in this case.  We have not heard from Superstock since.

For that reason, I don't know how much further help I can be in the more typical case of possessing one of their images.  I can only tell those of you that link to third-party images that it is probably the policy of these companies to drop the case.

[Oscar Michelen]

It looks like its worth waiting out Superstock to see what they do next.  The few cases we have with them have been very quiet.