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Getty Images Letter Forum / Re: Demand Letter Email from LCS Global/Nordic Photos

« on: October 05, 2015, 05:34:38 PM »

I received a postal mail stating FINAL NOTICE PRIOR TO ESCALATION

Content of the mail is as follows:

" Further to our prior correspondence to you, we hereby reiterate that unauthorized use of NORDIC Photo's represented imagery is considered copyright infringement and entitles Nordic Photos to seek compensation for infringing uses.

You have previously been notified of this matter and to date, we have not received payment or any proof of the valid license.

Nordic Photos is willing to offer you one more opportunity to resolve this matter. Your failure to make payment immediately will result in escalation to our legal representatives and the possibility of legal action being commenced for damages exceeding the amount presently being offered by way of settlement. You are required to immediately remit the $660.00 settlement payment"


This is all crap and they are trying to pressurize the situation to make it look serious. We chose to stay quiet and ignore. Another thing to mention is that letter is addressed to my business name not to my name. Does that make difference or things any better? Thanks in advance!

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Getty Images Letter Forum / Re: Demand Letter Email from LCS Global/Nordic Photos

« on: September 17, 2015, 03:49:29 PM »

I received a letter by US mail stating the same thing. The title of the letter states First Notice.

Now they are trying to intimidate by sending actual mails too. Is this common to send mails?

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Getty Images Letter Forum / Re: Demand Letter Email from LCS Global/Nordic Photos

« on: September 10, 2015, 05:34:18 PM »

Thanks a lot Robert!

Please tell me what DMCA stands for. When I called the number in seattle office to show me the proof of copyright info and talked to the lady name Koleta, she emailed me a Power of Attorney and Rights holdership form as below:

Confirmation of rights holdership
The following statement is issued by Nordic Photos, Borgmästargatan 12, 11629 Stockholm,
Sweden, regarding the following image(s) Image: np07349946
I Hereby confirm that the exclusive, worldwide right to license and distribute the aforementioned image(s) has/have been conferred by the respective photographer.
This includes the exclusive rights to pursue all available legal remedies (e.g. cease and desist demands; information, compensation and reimbursement claims) in respect of any unauthorized use of the image(s).
As authorized signatory, I can confirm that requisite internal checks have been under taken to verify the accuracy of the above statement.
Signature
Printed name Kjartan Dagbjartsson Title Sales Manager

I am definetly going to contribute naming and shaming these companies and their wrong tactics to squeeze money from innocent people.

4

Getty Images Letter Forum / Re: Demand Letter Email from LCS Global/Nordic Photos

« on: September 10, 2015, 04:50:21 PM »

Thank you so much for replying. Yes, I am in US and we used a company in India for the website designing.

I absolutely agree with you that if they are asking me to show the license if we bought one , they should also be providing the proof that picture was copyrighted in US as well as the proof of actual damages.

These are the examples of taking advantage of people who do not know the complexities of law and loopholes.

A question for my knowledge- how exactly they determine the amoung of damages it had costed them? Plus when the alleged image is available on numerous website without any copyright disclaimer, how do we find out where should we buy the license to use the picture?

I am really overwhelmed with all thats going on and being a busy person with my work and family, it is terribly disheartening to see people suffering emotionally n financially. Thanks again for your time to respond

5

Getty Images Letter Forum / Demand Letter Email from LCS Global/Nordic Photos

« on: September 10, 2015, 04:01:32 PM »

I am not just a newbie here but newcomer to this topic as well and came across this website when I researching the information about the letter I received from LCS Global. The email that I received states that Nordic Photos has mandated LCS to handle the matter of your online use of Nordic Photos’ imagery. They have included the copy of the supposedly Original image on the left and snapshot of my website on the right. They are asking to pay $660 for settlement in 10 days, which I do not think I should be paying without knowing if its legitimate claim or not.

We got this website developed back in 2012-2013 by a web designing company in India and which I called and confirmed about the source of taking that specific picture. They have mentioned that they obtained the picture from Free Wallpaper website, which they do it for their several other clients. The website they obtained the picture is http://safcomclub.com/cities-wallpaper-pack-01/

Before finding about the several similar issues on this website, I called the number listed on the email and asked them to provide me with the proof of copyright/registration, which they emailed me back the following:

“ Please see attached Rights Holder Form and Power of Attorney you requested.
The image in question is a rights managed images, which have a very restrictive licensing model that limits use of an image to the specified size, type of use, placement, and duration of use set forth in the license.  Rights managed licenses are not transferrable or shareable. That is to say, a specific license is required for the use of the image on any given website. Ultimately, the responsibility to settle this case lies with your company directly.
Images do not need or require copyright registration or notice of copyright in order to be protected. A copyright exists automatically from the moment that a photograph is taken. Federal copyright law does not require us to provide anyone with certificates of registration during an out-of-court settlement. We are attempting to settle for actual damages. Registration are not required with regards to settlement. However, should this case be escalated to litigation registration will be provided during Discovery. 
A valid license is required prior to publicly displaying any Rights Managed (RM) image on a website. You or your company does not have a valid license to use the images in question. All it takes for you to infringe is to post a rights managed image publicly without a valid license. And we clearly have proof the violation of the copyrights law occurred.”

They have included the as per say Power of Attorney which is not specifically showing LCS as the appointed attorney for Nordic Photos. Also they have sent the confirmation of rights holdership which shows a Sales Manager (with signature) confirm that the exclusive, worldwide right to license and distribute the aforementioned image has been conferred by the respective photographer

“January 2015
To whom it may concern.
Nordic Photos is an image agency founded in Iceland in the year 2000. Today we represent images from over 500 professional photographers along with dozens of other image collection in the Nordic region. These pictures are distributed online through our website as well as through over 80 distributers around the world.
Nordic Photos strives to protect the interests, intellectual property, and livelihoods of the contributors with whom we work, and for this purpose has mandated License Compliance Services/PicScout Inc. to handle copyright compliance on our behalf.
If you would like to settle a copyright infringement matter, please contact [email protected] or call +1 855 387 8725.

We have taken down the picture from our website immediately receiving that email. I went to Nordic Images website to see how much the picture will cost if we were to buy it. It shows €0.00. How are they determining the cost of putting that picture online? It’s not a celebrity’s pic. It is the skyline of a city, which this picture is available on numerous free websites as well.

I am on my third day since we received the email. What should I do? Your inputs and feedback will be highly appreciated.