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Getty Images Letter Forum / Re: ImageRights International Inc. (ImageRights.com)
« on: November 08, 2016, 03:55:13 PM »
Hello,
I am a new member here. Today, I received just such a letter from Mr. Aws Shemmeri, for 4 pics from used in a random rotator on my, get this, my law firm website. I am an avid programmer from my days in tech and I had built the site myself. Many years ago, on occassion, I refresh some the imagery on the site. The pics I used had NO copyright notification, no reasonable way to discern the images were protected by a copyright. Regardless, ImageRightsInternational's Mr. Shemmeri has contacted me by letter threatening for removal of the pics AND payment of $9,600 fee for a limited license.
"The unauthorized use of the Images has caused severe damage including, without limitation, diversion of trade, loss of profits, dilution of the value of rights, erosion of the market value of the Images, and injury to goodwill and reputation."..."Mr. (photographer's name) may pursue litigation, in which he can seek remedies including his losses and your profits attributable to the usage, or at his sole option, up to $150,000 in statutory damages, in addition to his attorney's fees.
As I mentioned before, I am an attorney myself. And I have worked with many photographers in the past. The honorable and professional thing I have always done is reached out, made mention, and requested removal of images/photos in question. The images have always been removed, and there has never been a need to go to court. If images were being used somewhere, my client(s) would receive truly fair value for continued usage.
This extortion method is violative of my sense of what is right and what is wrong. I came here to join this forum, because I am offended at this business behavior and methodology. To the ELI group, I am happy to assist other members in anyway I can and I eagerly join you in your war to combat these predatory practices.
Regards,
Kiat Oboler, Esq.
Attorney At Law
NY, USA
kobolerlaw@gmail.com
I am a new member here. Today, I received just such a letter from Mr. Aws Shemmeri, for 4 pics from used in a random rotator on my, get this, my law firm website. I am an avid programmer from my days in tech and I had built the site myself. Many years ago, on occassion, I refresh some the imagery on the site. The pics I used had NO copyright notification, no reasonable way to discern the images were protected by a copyright. Regardless, ImageRightsInternational's Mr. Shemmeri has contacted me by letter threatening for removal of the pics AND payment of $9,600 fee for a limited license.
"The unauthorized use of the Images has caused severe damage including, without limitation, diversion of trade, loss of profits, dilution of the value of rights, erosion of the market value of the Images, and injury to goodwill and reputation."..."Mr. (photographer's name) may pursue litigation, in which he can seek remedies including his losses and your profits attributable to the usage, or at his sole option, up to $150,000 in statutory damages, in addition to his attorney's fees.
As I mentioned before, I am an attorney myself. And I have worked with many photographers in the past. The honorable and professional thing I have always done is reached out, made mention, and requested removal of images/photos in question. The images have always been removed, and there has never been a need to go to court. If images were being used somewhere, my client(s) would receive truly fair value for continued usage.
This extortion method is violative of my sense of what is right and what is wrong. I came here to join this forum, because I am offended at this business behavior and methodology. To the ELI group, I am happy to assist other members in anyway I can and I eagerly join you in your war to combat these predatory practices.
Regards,
Kiat Oboler, Esq.
Attorney At Law
NY, USA
kobolerlaw@gmail.com