Messages

1

Getty Images Letter Forum / Re: Copyright Infringement Claim

« on: August 21, 2014, 01:00:48 AM »

I did some research.

First, DesignPics does claim to have rights to the image (sent an E-Mail from a fake account, asking about possibly using it).

The President, Rick Carlson, said in an E-Mail "Thanks for reaching out to us, and yes, this is one of our horse images from the Irish Image Collection"

I can't find anything on the Copyright.gov website. But, then again, I'm not very good with their website.

I don't know if Picscout has an exclusive agreement to collect payments.

Not on other stock sites, but on a bunch of Screensaver sites and the like.

It's on the Irish Image Collection site: http://theirishimagecollection.com/comp.asp?MediaID=1853526 I can't tell if it's for sale or not.

Don't know if the DesignPics contract is exclusive or not. But, I can't find it anywhere else.

I hate to be a pain to all of you, but any thoughts now???

2

Getty Images Letter Forum / Re: Copyright Infringement Claim

« on: August 19, 2014, 04:31:25 PM »

What concerns me the most is that I can't even find the image. If DesignPics has exclusive marketing rights, wouldn't they want to market the image?

I used a couple of reverse image search programs, and found hundreds of instances of this image. None were from DesignPics, though.

I just can't tell if this is even a legitimate E-Mail. Of course, the last business day for us to anything according to the letter is Friday. Naturally.

Is there any way to prove if DesignPics has the image available? How do you just "ask them"?

3

Getty Images Letter Forum / Re: Copyright Infringement Claim

« on: August 19, 2014, 03:51:23 PM »

Same address? That's interesting.

Now, I looked through the DesignPics catalog, and can't even find the horse image in their catalog!?

Thoughts?

4

Getty Images Letter Forum / Re: Copyright Infringement Claim

« on: August 19, 2014, 02:36:20 PM »

I've read the Experiment thread. I'm a little confused on the the 90 day registration period. The image has been on the website for a long time (At least a couple years). So, according to that logic, We're (Steve, technically) is only liable for the retail value of the image? Design Pics shows their licenses as being $130. So, Steve would owe Design Pics $130, correct?

How do I find out if the image was/is registered with the Copyright office?

--------------------------------------------
This is from the other thread:
"If it was registered before you started infringing, then he can get statutory damages and his legal fees.  The registration grace period, as I understand it, allows the photographer to register his image withing 3 months of publication and still have the same options as if it were registered since publication.  If its been 3 months or more since first publication (by the copyright holder) and the image isnt registered there is no way to recover statutory damages and legal fees .... only actual damages."

So if it's been up there for a few years, and has not been registered (or was just registered), they can only sue for the value of the image... $130???


Is this flowchart still valid? http://s1366.photobucket.com/user/mcrasterhd/media/copyright_zps71ae7918.jpg.html

Is my logic correct?

@Stinger Thanks for pointing me in the (I assume) right direction.

Any help would be great! What would you do? Pay the $600? Buy an image license for $130? Ignore these people? Flee to Canada? 

5

Getty Images Letter Forum / Re: Copyright Infringement Claim

« on: August 17, 2014, 10:08:56 PM »

I do a few websites for REALTORS that are friends (I've known some of my "clients" since the 1990s). The E-Mail was sent to the owner of the site (We'll call him Steve, but it's not his real name). Steve received this letter. He doesn't work with computers very well, so he just forwarded it to me.

I took over his site a few years ago (Can lookup the date when I get home). The last web designer (Well call her Melissa, but again- not her name) did the site until she was kicked badly by a horse. She was rushed to the hospital, but passed away. She was a very nice person, but not the best with computers. Could she have pirated an image? Maybe. I can't say either way.

I get along real well with Steve. He spent hours on end to save our property when a relative went to the hospital. The hospital billed incorrectly, and to make the story short, we still have our house because of Steve.

If there is a fine to be paid, I'd do it for him. It's the least I can do for all he did for us.

We re-uploaded everything to a new FTP hosting site when I took it over. Ironically, we were redesigning the banner. I thought it was kind of ugly: http://i1017.photobucket.com/albums/af296/AvantA6/header_zps56e42852.jpg

I blocked out the names, but you can see the horse fades away. The back half isn't visible. The front half does look like the image in question to me, though.

I have a new header designed, and am assuming that I should just upload it and dump the old one.

$600 is a lot of money for me- especially for something that I'm not sure I did. If I did use that image, who knows- it could have been on a public site, licensing could have changed, it may have been in the folder of stuff from Melissa,....

It was sent to Steve, though, so I don't know if it's phishing or not. I just can't afford a hefty, multi-thousand dollar lawsuit. I know the quick action plays into their hands, but I'm at a loss for what to do.

What would you guys do?

6

Getty Images Letter Forum / Copyright Infringement Claim

« on: August 17, 2014, 08:58:59 PM »

I took over a website for a friend (Who is a REALTOR) a few years ago. He received a copyright infringement claim from Picscout for an image in his header.

The problem: I don't think I was the designer working on the site when the header was made. It doesn't look like something I would have designed. I took over the site when she passed away, so I can't really ask anyone.

So, anyways, the image is of a horse. More specifically, this horse: https://media.lcservices-inc.com/v1/Reports/v4ePJoJqB7Nnksy8IbbEEw2/Catalog

The horse's head looks to appear in the header (The header is a flash object). I can't verify for sure, but they look identical to me.

He received this letter:
-------------------------------------
License Compliance Services on behalf of © Design Pics Inc

605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States


8/11/2014 5:05:22 PM


Dear **************,

It has come to the attention of Design Pics Inc. that an image or image(s) represented exclusively by Design Pics Inc. is/are being used or have been used for online promotional use by your company. According to our records there is no license issued to your company for use of the image(s). Notwithstanding, we realize that a valid license may have been obtained, which is not currently showing in our records, and therefore we are seeking clarification of a license having been obtained by your company or someone representing your company for the use of the image.

To view the image(s) in question together with the usage(s) found on your company’s website (http://www.************), go to: https://lcs.designpics.com/***********.

Using a Design Pics Inc. image without a valid license constitutes copyright infringement and places you or your company in violation of the Copyright Act, Title 17, United States Code. Whether intentional or not Design Pics Inc. is entitled to seek compensation for infringing uses and is committed to protect the interests, intellectual property and livelihoods the contributors with whom Design Pics Inc. represents. We believe that prompt cooperation will benefit all concerned parties.


To resolve this matter (Case Ref: ****-****):
_____________________________________________________________

If a valid license has been issued for the image(s) in question and was for whatever reason not discovered by Design Pics Inc.:
Please email the license information to [email protected] within 10 business days of the date of this letter and include the invoice number of the license purchase.
If the image(s) was/were validly licensed on your behalf by a third party please provide us with the company name, contact person and phone number.
If a valid license proof cannot be found:
You must immediately cease using the image(s) in question.
You must either confirm that no other uses of the image(s) other than the above noted use, or provide detailed information on such additional uses.
In addition, a $600.00 settlement payment should be received within 10 business days of the date of this letter for the use as noted above. The payment options are detailed below. Ceasing the use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
Please note that failure to make payment within 10 business days will result in withdrawal of our Offer Of Settlement.
If you would like to continue to use the images in question:
You are welcome to email [email protected] or call +1 855 387 8725 and we will assist you with obtaining a valid license.


If you believe you have mistakenly received this letter, please contact us by email at [email protected].

This letter is without prejudice to Design Pics Inc.’s rights and remedies, all of which are expressly reserved.

Sincerely,

License Compliance Services on behalf of © Design Pics Inc.
[email protected]


 
Remittance Payment Options (settlement fee: $600.00)

_____________________________________________________________


You can remit your payment online on:
https://lcs.designpics.com/********

Remit Check Payment To:

License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States

Please include Reference Number ****-**** with check payment.


Alternatively, you may contact us at +1 855 387 8725 or Pay by Wire Transfer to:

Bank of America
Picscout Inc.
Bank Account number: 138110423135
Routing (ABA) Number: 125000024
Swift Code: ********* (Redacted this, because I have no clue what it is)
Address: PO Box 25118, Tampa, FL 33622-5118

Please include Reference Number ****-**** with wire transfer.

No virus found in this message.
Checked by AVG - www.avg.com
Version: 2014.0.4716 / Virus Database: 4007/8017 - Release Date: 08/11/14

--------------------------

What should we do?