as long s it hosted elsewhere, you're golden.. You could contact them and tell them is no infringement, cite the perfect 10 case and advise them if they continue to persue YOU will consider filing suit against them!
Thanks, should it progress further than the non-certified "letter" method, then I shall certainly retain a lawyer to write such a letter. It's just interesting, as a NON-lawyer, to read cases on which some of these topics have already been tested (and as such I may be misinterpreting the rulings or applicability).
With Kelly v. Arriba Soft or Perfect 10 v. Amazon, it took about 3 minutes to find both of those cases, not to mention 17 U.S.C. § 107 (fair use for news reporting; which definitely IMO - though I'd still rather not have to go to court for satisfaction to prove the point applies to the use of the link to the image in this situation).
Aren't such things fundamental, suggesting that attempting to, at least what I perceive, as "shake down" a person via mail or email, is mail and/or wire fraud? That's my biggest problem with the whole situation - the moral level.
18 U.S. Code § 1341 ("Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both.")
18 U.S. Code § 1343 ("Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both")