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Messages - shelly808

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1
Aloha, Thanks so much for the advice.  I went to Pond5, and just dont see how it is different from CanStockphoto?? 

2
Oh Dear lord!  Does this mean I could STILL get someone after me for using those photos?   How am I able to "purchase" the right to use them??  THATS messed up!!   Anyone have a good source?  I have tons and tons of images on my site!!   coconutgrovemassage.com

3
BTW, I am now purchasing from these guys...  http://www.canstockphoto.com/

4
Here's the latest from Photo Attorney Tyra...

I sent her this...

Based on the usage of the image and the fact that I am an innocent infringer, I am concerned that the initial amount your asked for is soooo unreasonable that it appeared consist with warnings I have read regarding copy right extortion.

Then I offered 200, then 400... she refused it. 


Shelly,

Thank you so much for your emails. To answer your earlier question, under the law, the infringement you committed was an unknowing infringement but not an "innocent" infringement. Innocent infringement is a very high legal standard, which very few fall into. According to the case National Football v. Primetime 24 Joint Venture, (citation: 131 F.Supp.2d 458, 476 S.D.N.Y., 2001), the copyright infringer must show not only that she had the authorization to use the copyright owner’s photograph, but also that such belief was reasonable. That means that in order to qualify for this legal doctrine, you would have had to have thought that Phototake gave you permission to use the photograph and that belief would have to be a reasonable belief. Because you simply took an image from Google Images, this is not a reasonable belief that you had a valid license and is just an unknowing infringement.

The Copyright Act states that because my client registered the image with the Copyright Office, Phototake is entitled to statutory damages, which start at $750.00 per infringement and can range up to $30,000 per infringement, in addition to court costs and attorneys fees. Thus, the minimum damages my client will receive should we be unable to settle is $750 plus attorneys fees.

Thus, while my client appreciates your offer to settle for $400, we find it mildly insufficient, given what my client is entitled to. My client is open to reasonable installments, if that is necessary for you, but would like to counteroffer $1320, or three times the licensing fee of $440 in order to settle this claim without litigation, which is generally much more expensive (just in attorneys fees) than this amount. Please let me know if this amount is acceptable, and if not, please feel free to make a counteroffer to my client, bearing in mind 1) what they would be minimally entitled to in court; 2) the fact that the settlement would be inclusive of all amounts (no additional legal fees to be paid); and 3) taking into account the fact that my client's work was infringed upon and not licensed ahead of time. I look forward to us finalizing this matter and I think that we can work it out to where the payment is manageable installments for you and acceptable to my client.

Look forward to hearing from you,

Tyra
_______________________________
Tyra Hughley Smith, Esq.
Law Office of Carolyn E. Wright, LLC
www.photoattorney.com
573.268.0893 direct
775.580.7322 fax

THEN, Today I decided to send in the CC authorization, filled out the questionnaire and sent it to Oscar accordingly...   I emailed her to let her know I did that and she sent me this....   

Tyra Hughley Smith
11:33 AM (5 hours ago)


Shelly,

Thank you for that information. Do you know the extent of their representation? Will they be representing you throughout the whole matter or is this retention simply for an initial letter? I only ask because I am familiar with Oscar Michelen and I believe that I have addressed many if not all of the points that will be raised in his letter on your behalf. Please let me know if he will be representing you beyond that point. 

Thank you,

Tyra

_______________________________
Tyra Hughley Smith, Esq.
Law Office of Carolyn E. Wright, LLC
www.photoattorney.com
573.268.0893 direct
775.580.7322 fax

5
CONGRATULATIONS!!!   

Ok, my little case is nothing in comparison...
But I hope your victory is a sign for lay people like me to stop having sleepless nights over the demands of settling for an exorbitant amount of money or risk owing upwards to the tune of $30,000.

After receiving an infringement letter and finding out that using neato images I find on google is not cool because they might be someones work, I took it off my site immediately along with every other image I had up. 

Regarding the one I am being threatened over, I found one much much nicer and paid less than $2 for it!  Soooooo annoying!   I am an independent massage therapist, the image was for my "Energy Work" tab....Thing is I have never in my 20 years of practice booked an energy treatment!  Ugh.  I can see if I printed it and sold stuff with the image on it...ya, maybe a case...But I made zero dollars from the use of that stupid out of focus photo! 

This trolling / extortion etc. is disgusting!!


6
Hi Robert, I was thinking the same thing after I typed that up.  295. is a small amount.  I am so angry at myself for sending that off before looking around on line.   I was just sort of freaked out.  I spent hours taking all the photos off my website and found a place to buy photos super cheap.  I cant believe I did not know that just because there is no watermark does not mean its fare game to use!!  I would never have used images I was supposed to pay for.

7
Yup got the letter Friday, they are asking over 4,000!  She states the copyright number of the photo in her letter and a screenshot of the photo.  I did a stupid thing responding saying I don't have money, no credit and owe the irs and state of hawaii back taxes.  In the same email reply to her letter, I sent the google image link I found the image on...stated there were no watermarks.  I had no idea that was considered an infringement!!   

She came back saying for me to send her my tax info (without SSN) and her client would take that into consideration.  She asked for a reasonable counter offer.

I came back to her and told her I took down the image and thought that was reasonable and the right thing to do.

She came back with puffed feathers saying I could be liable for tens of thousands of dollars and repeated for me to please send all my tax documents for them to consider. 

After all that I decided to cruise the internet and found this site... what an impetuous ding dong I can be at times!!   I scanned and sent letter to the attorney here... but man, 295. is hefty fee for me to pay!  UGH.   I do know a few lawyers locally was thinking using them but its not their specialty.  :-(   Sooooo bummed and consumed over this!! 

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