Messages

1

Getty Images Letter Forum / Re: PicRights Too

« on: March 12, 2018, 06:42:55 PM »

Based on your experiences, how honest do you think they are with their "final offer"? 

2

Getty Images Letter Forum / Re: PicRights Too

« on: March 06, 2018, 07:02:34 PM »

Thanks for the response.  I agree, I have tried to be very professional and cooperative.  I will appreciate everyone's opinions on this...

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Getty Images Letter Forum / PicRights Too

« on: March 05, 2018, 11:16:48 PM »

I had originally purchased a URL in the event that I actually ever decided to have my own business (before someone else purchased it).  Of course having my own website, I wanted to learn how to use it an found an image I liked online that I honestly didn't think much of and placed it on this website.  Nowhere did I notice the image was for sale or such and as I mentioned, just didn't think much of it.  The website was very basic since the business did not actually exist.

So I received a letter from PicRights right before the holidays, which essentially ruined my holiday.  The letter stated the usual things I have seen on here, and stated I needed to immediately remove the image (which I did) and it would not be resolved until I also paid $1,000.  The letter mentioned the image was a "rights protected image" as well.  The letter stated they are representing Agent France Presse (AFP) and even mentioned Getty Images in one of the letters. The image sells for $175 on Getty.  I also checked and the image is not currently registered with the copyright office.  I have also since had the entire website deleted.

I have an uncle who is an attorney and is very familiar with copyright infringement.  He advised me upfront not to ignore the e-mails and to let them know the image in question was not used for commercial purposes, mention the fair-market value of the image being less than $50, and they would probably settle for $100 or so.  He also mentioned to keep pounding this in each reply.

Well, I have went back and forth with these people and they keep ignoring the fact that I mention this is not an actual business, nor has it ever been, and nothing monetary was ever gained, and any damages were limited to the cost of the image.  I also keep asking for proof as to when the image became a rights managed image, but my requests are ignored.  They initially reduced their amount to $750 and then to around $600.  Their latest e-mail stated they could not reduce the offer any lower, but I am not sure if this is true or not.  I have made an initial offer of $50 and another of $100 which both were rejected.  I have tried to be very professional and cooperative, but I do not agree that I owe the high amounts they have set or offered.  I believe since they are representing a client, they are expecting a higher amount.  I've asked them why didn't AFP try to contact me and try to resolve, maybe requesting the license or such.

I plan to make a final offer of $200, as I figured if a judge decided an innocent infringement occurred for non-commercial use, this is the minimum amount.  I am really tired of messing with this.  I was wondering, though, should I mention that I have received advice from a family member that is an attorney. Would that help or hurt?  And should I mention that this is my final offer, or just stop responding if they don't accept it?  I figured it would eventually go to Higbee, based on what I've read here.