Hello and thank you in advance for your assistance in this matter and to this site for the valuable information.
First off, let my start by explain the facts. Several years ago I built a site, FREE, for a friends business. To the best of my knowledge, the site was launched well over 3+ years before the “Letter” was received. Once my friend made me aware of this letter in Nov./Dec. 2011 I found this site.
The Letter:
My friends received a Super Stock letter claiming an infringement and demanding compensation. As I said earlier… I believe the image in question has been in use on the site for well over 3 years so he/I either owe all that usage or SS has no claim based on the Statute of Limitations. Never-the-less, I immediately pulled the image and restructured the entire page. I also removed any image that was not a Vendor Approved image, taken by myself or my friend. I have worked in Photography and am well aware of Copyright issues. I would have never used images that I did not believe were Public Domain, Royalty Free and Free of any Usage Limitations both Personally or Commercially. The letter was a cease and desist, but also demanded payment in the amount of $2240 for an infringement that was only supported by a screenshot.
The letter provided no prove of ownership and asserts that he is guilty by virtue of their screenshot without any discovery.
1.) Unauthorized Use Letter to cease and desist stating that he is obligated to pay for usage within 14 days
2.) Screen shot of image in question
3.) Invoice for $2240.00
The Decision 2011:
After searching SS and stumbling across this site during that time… I decided the safest course of action was to remove the image and not respond to the letter as many have said they will not likely go after a single image infringement legally. I advised my friend of what I had learned here and advised him to forget about it and move on, which he did. Until now nothing was heard for SS, but…
Currently 2012:
My friend received another letter but apparently escalated to an Attorney. (A search of the Attorney says they are Personal Injury Council and I did not see anything of Copyright Attorney. They also appear to be a small firm.) At any rate, the letter of demand states that this Attorney was retained by SS to purse this situation and if he did not pay the $2240 within 15 days they would have to consider litigation and he would also be on the hook for SS’s legal fees as well. The letter also states the He is on the hook and anyone else involved would have to be sued by him for recovery… IE me. However; no contact has ever been made to them making any claim of anything.
Help with Course of Action:
As there are so many different suggestions from keep ignoring, writing a none admission of guilt stall letter to offering a small payoff check, I am looking for more specific advise in my situation. As I said… I built the site for free, but I feel completely obligated and responsible for this situation. I don’t want my friend to have to pay this outrageous fee and I cannot pay it either. I know this is everyone’s story. I am looking for sound advice. What should I/We do moving forward? If I have to retain Legal Council to Draft a “Go Away” letter what are the results? As You Gurus have been dealing with this BS for years now… How do I stand?
I would like to have better advise next time I speak to my friend about this situation. I surely do not want to give him bad advice and advice that I ultimately and probably will be responsible for.
Thanks again for your help
P.S. I should also note that this Attorney letter is requesting a Insurance Declaration Page and Contact Info.
First off, let my start by explain the facts. Several years ago I built a site, FREE, for a friends business. To the best of my knowledge, the site was launched well over 3+ years before the “Letter” was received. Once my friend made me aware of this letter in Nov./Dec. 2011 I found this site.
The Letter:
My friends received a Super Stock letter claiming an infringement and demanding compensation. As I said earlier… I believe the image in question has been in use on the site for well over 3 years so he/I either owe all that usage or SS has no claim based on the Statute of Limitations. Never-the-less, I immediately pulled the image and restructured the entire page. I also removed any image that was not a Vendor Approved image, taken by myself or my friend. I have worked in Photography and am well aware of Copyright issues. I would have never used images that I did not believe were Public Domain, Royalty Free and Free of any Usage Limitations both Personally or Commercially. The letter was a cease and desist, but also demanded payment in the amount of $2240 for an infringement that was only supported by a screenshot.
The letter provided no prove of ownership and asserts that he is guilty by virtue of their screenshot without any discovery.
1.) Unauthorized Use Letter to cease and desist stating that he is obligated to pay for usage within 14 days
2.) Screen shot of image in question
3.) Invoice for $2240.00
The Decision 2011:
After searching SS and stumbling across this site during that time… I decided the safest course of action was to remove the image and not respond to the letter as many have said they will not likely go after a single image infringement legally. I advised my friend of what I had learned here and advised him to forget about it and move on, which he did. Until now nothing was heard for SS, but…
Currently 2012:
My friend received another letter but apparently escalated to an Attorney. (A search of the Attorney says they are Personal Injury Council and I did not see anything of Copyright Attorney. They also appear to be a small firm.) At any rate, the letter of demand states that this Attorney was retained by SS to purse this situation and if he did not pay the $2240 within 15 days they would have to consider litigation and he would also be on the hook for SS’s legal fees as well. The letter also states the He is on the hook and anyone else involved would have to be sued by him for recovery… IE me. However; no contact has ever been made to them making any claim of anything.
Help with Course of Action:
As there are so many different suggestions from keep ignoring, writing a none admission of guilt stall letter to offering a small payoff check, I am looking for more specific advise in my situation. As I said… I built the site for free, but I feel completely obligated and responsible for this situation. I don’t want my friend to have to pay this outrageous fee and I cannot pay it either. I know this is everyone’s story. I am looking for sound advice. What should I/We do moving forward? If I have to retain Legal Council to Draft a “Go Away” letter what are the results? As You Gurus have been dealing with this BS for years now… How do I stand?
I would like to have better advise next time I speak to my friend about this situation. I surely do not want to give him bad advice and advice that I ultimately and probably will be responsible for.
Thanks again for your help
P.S. I should also note that this Attorney letter is requesting a Insurance Declaration Page and Contact Info.