Messages

1

Getty Images Letter Forum / Re: Pixsy demand email

« on: July 14, 2017, 02:38:47 PM »

Hi Matthew, thanks for your reply but I'm not after 'certainty' or 'guarantees'. I'm just looking for some honest advice about how to deal with Pixsy's threats from people who may have been through something similar. 

I appreciate not all situations are the same but if someone has successfully ignored these demand letters or had legal action taken against them because they did, then at least I have some insight to make a more informed decision.

No doubt many ELI users have far greater knowledge than myself about the legal aspects of copyright laws so I'm simply asking for advice on how to tackle this situation.

I've already negotiated them down from £450 to £360 and they're adamant that's the lowest they can go.

2

Getty Images Letter Forum / Re: Pixsy demand email

« on: July 13, 2017, 07:15:03 AM »

Thanks for your replies. The case is still on-going. I demanded Pixsy provide me with a signed declaration from the image owner making clear he has instructed them to seek damages - which they have now done. But they refuse to explain how I was meant to obtain a license when there is no webpage available to do so or proof how much a license would have costed.

My advertising agency has advised me to ignore their emails as they believe this is nothing more than harassment and extortion. After a couple of emails chasing me, Pixsy have now threatened that if I don't respond and pay the £360 they will take legal action against me.

I'm not sure what my next move should be so any advice would be appreciated.  Do I continue to ignore them and call their bluff over the threat of legal action? Shall I try contacting the image owner to plead my case? Or do I just cave and pay the money?

I hate the feeling that I'm being victimized here as this image has been used extensively by other websites without license or attribution and I know two web owners who've used this image several times and they aren't being harassed by Pisxy for money. But equally, I obviously don't want them to take any legal action.

Any advice on my next course of action would be greatly appreciated...

Thanks

3

Getty Images Letter Forum / Pixsy demand email

« on: May 30, 2017, 08:18:06 AM »

Hi, I'm new to the forum and am looking for some help and advice on what to do after I received an email from Pixsy demanding £450 after I mistakenly used an image that was under copyright. Here is the initial email:

Dear :
 
We act on behalf of ********.  We have identified that ******** has been using one of Mr. ******** images without license or permission.  The unauthorized use was detected at this location on your website:

 
Your use of Mr. ********'s image without a license is a violation of his exclusive right to reproduce, distribute, display and prepare derivatives of his copyrighted work. Unlicensed usage takes power away from the creator and significantly devalues their work.
 
Steps required to resolve this matter immediately:
 
1. Review the details of case ******** in the attached Unauthorized Use Report
2. Refer to the attached FAQ if you have any questions about why you received this letter
3. Make payment of your license fee for your use of Mr. ********'s image on or before ********.
 
Payment can be made through our secure licensing page at the following address, and alternate payment options are available to you in the attached PDF:

 
It is our belief that every photographer has a right to be fairly compensated for use of his or her work, and we will take every effort to ensure that our photographers' intellectual property is protected.
 
Note that a failure to resolve this matter of unlicensed use within 21 days will result in legal escalation.
 
We look forward to resolving this matter with you amicably.
 
Sincerely,
PIXSY Resolution Team

I immediately removed the image from the articles and from the server, and so far I've got them down to £360 after exchanging a few emails. 

I have asked Pixsy to provide proof that Mr ******** has instructed them to seek a license fee from me and also provide proof that the image is under copyright and that Mr ******** is the owner as I have been unable to find any information that clearly states this, how to obtain a license or how much the license would be.

I've also contested their claim that I've 'significantly devalued the image' as it's been widely used on hundreds of other websites without attribution or a license, and I personally know the owner of one site that's used the image and they aren't trying to extort money from him. 

I don't mind paying a reasonable fee if I've stupidly used an image that's under copyright, however, I feel the money they are demanding is too much as I earned virtually nothing from the use of the image and don't like the feeling that I'm being unfairly singled out.

I'm from the UK and as far as I can see the company and owner are from the US, so are Pixsy likely to pursue a legal case against me considering I'm from another country?

Pixsy are due to get back to me with a signed declaration from the so-called copyright owner so once they do, I'm not sure where to go from here. Any advice or help would be appreciated.

Thanks