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Getty Images Letter Forum / Pixsy takes aggressive stance
« on: December 21, 2015, 10:36:48 PM »
I received a C&D from a NYC IP law firm that is working for Pixsy. In it, they claim copyright infringement on an image that was part of a sample catalog of mobile websites that I acquired from W3Layouts.com.
They're stating that I not only willfully infringed and profited from the image, but I also distributed the work for its use on numerous 3rd party websites. It's all hogwash, except for the part about a postage stamp sized image being on a website I created. I'm sensitive to copyright issues and maintain a stock photo account, but I mistakenly thought the content from W3Layouts was okay to use based on the verbiage that accompanied the template.
They want a $25,000 settlement.
I think they are under the mistaken impression that I have been selling websites to businesses using a copyright protected image. If that were the case, then they'd have a case for willful infringement. It was never my intent to use those images on any site that I sell, but more importantly, I never made a single sale off of that website. It was a blue sky project and I never put any marketing behind it.
To avoid the potential of future issues, I have removed the catalog completely. But I am wondering now if I should also delete the website. It's a nice portfolio piece, even though it never generated a single sale. Would deleting the website protect me from future infringement letters? Would dissolving my LLC protect me from litigation either now or in the future?
They're stating that I not only willfully infringed and profited from the image, but I also distributed the work for its use on numerous 3rd party websites. It's all hogwash, except for the part about a postage stamp sized image being on a website I created. I'm sensitive to copyright issues and maintain a stock photo account, but I mistakenly thought the content from W3Layouts was okay to use based on the verbiage that accompanied the template.
They want a $25,000 settlement.
I think they are under the mistaken impression that I have been selling websites to businesses using a copyright protected image. If that were the case, then they'd have a case for willful infringement. It was never my intent to use those images on any site that I sell, but more importantly, I never made a single sale off of that website. It was a blue sky project and I never put any marketing behind it.
To avoid the potential of future issues, I have removed the catalog completely. But I am wondering now if I should also delete the website. It's a nice portfolio piece, even though it never generated a single sale. Would deleting the website protect me from future infringement letters? Would dissolving my LLC protect me from litigation either now or in the future?