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Getty Images Letter Forum / Re: Pixsy takes aggressive stance

« on: December 23, 2015, 04:28:04 PM »

Matthew, thank you for the response and the clarification. I do appreciate your insight, and all that I have learned so far from this forum.

My reason for bringing up dissolution is because there were several hundred images in that catalog and even though it has been removed from my site, the likelihood that more images infringe, based on at least one infringing, is less than remote. So my question about dissolution really pertains to avoiding future extortion letters based on other images.

And you're right. I did not pick up on that subtle distinction. I will have to read up on Indiana dissolution requirements.

I'm really looking for least cost option. My business is essentially me at my kitchen table with a laptop. I have a few offshore contractors and I am just starting to get some traction. If I am going to make a change, now may be the best time. I'm not saying dissolution is the right solution for everyone. It just seems that riding this out might be more costly. I have much to learn. The temptation to respond to that first letter, explaining why they will be barking up the wrong tree if they pursue, is strong.

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Getty Images Letter Forum / Re: Pixsy takes aggressive stance

« on: December 22, 2015, 03:11:37 AM »

The law firm is Epstein Drangel LLP.

My LLC is just me, and I was considering a rebranding before this came about. The only real hassle is that I have several subscriptions and payment processing APIs tied to the business account. Other than that, dissolution is $20-$30. My big concern is that I don't know how many other images in that catalog could have been copyright protected. I would like to eliminate further exposure.

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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?