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Getty Images Letter Forum / Re: Masterfile launches "ArtistDefense Inc." and issuing fresh new demand letters!
« on: September 05, 2017, 04:52:41 PM »
UPDATE:
I have received a follow up communication from ArtistDefense (see below). Obviously, it's past the 'deadline' they gave me but I'm wondering if I should just pay this new amount ($175) and be done with it. My fear is that they give the full $500 to collections or something and I'll have people hounding me forever about it. It's much less than many people are being pursued for so should I just pay?
-Thanks
"WITHOUT PREJUDICE (For Settlement Purposes Only)
August 22, 2017
Dear Mr. [Salsaguy],
500px’s images are subject to copyright protection under the Copyright Act, Title 17, United States Code. The Copyright Act does not require any kind of intent or knowledge on the part of the infringer that his or her use infringed upon another party’s copyright. Therefore, even if you did not know that 500px’s images were copyrighted or that you lacked authorization to use them, you are still liable. The image does not have to be removed as it is a Premium Royalty Free Image, but ArtistDefense does need to be paid for the use of 500px’s intellectual property.
The fee for using a Premium Royalty-Free image without a license or authorization from our client is US$500.00. After speaking to our President, ArtistDefense is willing to resolve this matter for the sum of One Hundred Seventy Five United States dollars (US$175.00). This proposal is based on our client’s standard license fees for a low resolution image without recovering any of our third party fees. This offer involves a compromise and if we resolve this matter you can use the image moving forward.
Kindly contact me on or before the close of business on August 28, 2017 with your intentions regarding our offer to settle this matter amicably.
Upon accepting our offer I will create a Settlement Agreement for your perusal and if acceptable your signature. Our President will counter sign the Agreement and a fully executed Agreement will be sent to you, via e-mail, for your records.
This email is an attempt to settle this matter amicably and without prejudice. All rights and remedies are reserved whether legal or equitable."
I have received a follow up communication from ArtistDefense (see below). Obviously, it's past the 'deadline' they gave me but I'm wondering if I should just pay this new amount ($175) and be done with it. My fear is that they give the full $500 to collections or something and I'll have people hounding me forever about it. It's much less than many people are being pursued for so should I just pay?
-Thanks
"WITHOUT PREJUDICE (For Settlement Purposes Only)
August 22, 2017
Dear Mr. [Salsaguy],
500px’s images are subject to copyright protection under the Copyright Act, Title 17, United States Code. The Copyright Act does not require any kind of intent or knowledge on the part of the infringer that his or her use infringed upon another party’s copyright. Therefore, even if you did not know that 500px’s images were copyrighted or that you lacked authorization to use them, you are still liable. The image does not have to be removed as it is a Premium Royalty Free Image, but ArtistDefense does need to be paid for the use of 500px’s intellectual property.
The fee for using a Premium Royalty-Free image without a license or authorization from our client is US$500.00. After speaking to our President, ArtistDefense is willing to resolve this matter for the sum of One Hundred Seventy Five United States dollars (US$175.00). This proposal is based on our client’s standard license fees for a low resolution image without recovering any of our third party fees. This offer involves a compromise and if we resolve this matter you can use the image moving forward.
Kindly contact me on or before the close of business on August 28, 2017 with your intentions regarding our offer to settle this matter amicably.
Upon accepting our offer I will create a Settlement Agreement for your perusal and if acceptable your signature. Our President will counter sign the Agreement and a fully executed Agreement will be sent to you, via e-mail, for your records.
This email is an attempt to settle this matter amicably and without prejudice. All rights and remedies are reserved whether legal or equitable."