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Getty Images Letter Forum / Copyright Infringement Claim
« on: August 17, 2014, 08:58:59 PM »
I took over a website for a friend (Who is a REALTOR) a few years ago. He received a copyright infringement claim from Picscout for an image in his header.
The problem: I don't think I was the designer working on the site when the header was made. It doesn't look like something I would have designed. I took over the site when she passed away, so I can't really ask anyone.
So, anyways, the image is of a horse. More specifically, this horse: https://media.lcservices-inc.com/v1/Reports/v4ePJoJqB7Nnksy8IbbEEw2/Catalog
The horse's head looks to appear in the header (The header is a flash object). I can't verify for sure, but they look identical to me.
He received this letter:
-------------------------------------
License Compliance Services on behalf of © Design Pics Inc
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
8/11/2014 5:05:22 PM
Dear **************,
It has come to the attention of Design Pics Inc. that an image or image(s) represented exclusively by Design Pics Inc. is/are being used or have been used for online promotional use by your company. According to our records there is no license issued to your company for use of the image(s). Notwithstanding, we realize that a valid license may have been obtained, which is not currently showing in our records, and therefore we are seeking clarification of a license having been obtained by your company or someone representing your company for the use of the image.
To view the image(s) in question together with the usage(s) found on your company’s website (http://www.************), go to: https://lcs.designpics.com/***********.
Using a Design Pics Inc. image without a valid license constitutes copyright infringement and places you or your company in violation of the Copyright Act, Title 17, United States Code. Whether intentional or not Design Pics Inc. is entitled to seek compensation for infringing uses and is committed to protect the interests, intellectual property and livelihoods the contributors with whom Design Pics Inc. represents. We believe that prompt cooperation will benefit all concerned parties.
To resolve this matter (Case Ref: ****-****):
_____________________________________________________________
If a valid license has been issued for the image(s) in question and was for whatever reason not discovered by Design Pics Inc.:
Please email the license information to lcs@designpics.com within 10 business days of the date of this letter and include the invoice number of the license purchase.
If the image(s) was/were validly licensed on your behalf by a third party please provide us with the company name, contact person and phone number.
If a valid license proof cannot be found:
You must immediately cease using the image(s) in question.
You must either confirm that no other uses of the image(s) other than the above noted use, or provide detailed information on such additional uses.
In addition, a $600.00 settlement payment should be received within 10 business days of the date of this letter for the use as noted above. The payment options are detailed below. Ceasing the use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
Please note that failure to make payment within 10 business days will result in withdrawal of our Offer Of Settlement.
If you would like to continue to use the images in question:
You are welcome to email lcs@designpics.com or call +1 855 387 8725 and we will assist you with obtaining a valid license.
If you believe you have mistakenly received this letter, please contact us by email at lcs@designpics.com.
This letter is without prejudice to Design Pics Inc.’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services on behalf of © Design Pics Inc.
lcs@designpics.com
Remittance Payment Options (settlement fee: $600.00)
_____________________________________________________________
You can remit your payment online on:
https://lcs.designpics.com/********
Remit Check Payment To:
License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
Please include Reference Number ****-**** with check payment.
Alternatively, you may contact us at +1 855 387 8725 or Pay by Wire Transfer to:
Bank of America
Picscout Inc.
Bank Account number: 138110423135
Routing (ABA) Number: 125000024
Swift Code: ********* (Redacted this, because I have no clue what it is)
Address: PO Box 25118, Tampa, FL 33622-5118
Please include Reference Number ****-**** with wire transfer.
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2014.0.4716 / Virus Database: 4007/8017 - Release Date: 08/11/14
--------------------------
What should we do?
The problem: I don't think I was the designer working on the site when the header was made. It doesn't look like something I would have designed. I took over the site when she passed away, so I can't really ask anyone.
So, anyways, the image is of a horse. More specifically, this horse: https://media.lcservices-inc.com/v1/Reports/v4ePJoJqB7Nnksy8IbbEEw2/Catalog
The horse's head looks to appear in the header (The header is a flash object). I can't verify for sure, but they look identical to me.
He received this letter:
-------------------------------------
License Compliance Services on behalf of © Design Pics Inc
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
8/11/2014 5:05:22 PM
Dear **************,
It has come to the attention of Design Pics Inc. that an image or image(s) represented exclusively by Design Pics Inc. is/are being used or have been used for online promotional use by your company. According to our records there is no license issued to your company for use of the image(s). Notwithstanding, we realize that a valid license may have been obtained, which is not currently showing in our records, and therefore we are seeking clarification of a license having been obtained by your company or someone representing your company for the use of the image.
To view the image(s) in question together with the usage(s) found on your company’s website (http://www.************), go to: https://lcs.designpics.com/***********.
Using a Design Pics Inc. image without a valid license constitutes copyright infringement and places you or your company in violation of the Copyright Act, Title 17, United States Code. Whether intentional or not Design Pics Inc. is entitled to seek compensation for infringing uses and is committed to protect the interests, intellectual property and livelihoods the contributors with whom Design Pics Inc. represents. We believe that prompt cooperation will benefit all concerned parties.
To resolve this matter (Case Ref: ****-****):
_____________________________________________________________
If a valid license has been issued for the image(s) in question and was for whatever reason not discovered by Design Pics Inc.:
Please email the license information to lcs@designpics.com within 10 business days of the date of this letter and include the invoice number of the license purchase.
If the image(s) was/were validly licensed on your behalf by a third party please provide us with the company name, contact person and phone number.
If a valid license proof cannot be found:
You must immediately cease using the image(s) in question.
You must either confirm that no other uses of the image(s) other than the above noted use, or provide detailed information on such additional uses.
In addition, a $600.00 settlement payment should be received within 10 business days of the date of this letter for the use as noted above. The payment options are detailed below. Ceasing the use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
Please note that failure to make payment within 10 business days will result in withdrawal of our Offer Of Settlement.
If you would like to continue to use the images in question:
You are welcome to email lcs@designpics.com or call +1 855 387 8725 and we will assist you with obtaining a valid license.
If you believe you have mistakenly received this letter, please contact us by email at lcs@designpics.com.
This letter is without prejudice to Design Pics Inc.’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services on behalf of © Design Pics Inc.
lcs@designpics.com
Remittance Payment Options (settlement fee: $600.00)
_____________________________________________________________
You can remit your payment online on:
https://lcs.designpics.com/********
Remit Check Payment To:
License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
Please include Reference Number ****-**** with check payment.
Alternatively, you may contact us at +1 855 387 8725 or Pay by Wire Transfer to:
Bank of America
Picscout Inc.
Bank Account number: 138110423135
Routing (ABA) Number: 125000024
Swift Code: ********* (Redacted this, because I have no clue what it is)
Address: PO Box 25118, Tampa, FL 33622-5118
Please include Reference Number ****-**** with wire transfer.
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2014.0.4716 / Virus Database: 4007/8017 - Release Date: 08/11/14
--------------------------
What should we do?