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Getty Images Letter Forum / Sued by Cartoon Stock for One Image On Website - but variation of theirs
« on: December 12, 2014, 11:33:37 AM »
I have never experienced this and there hasn't been a lot online about CartoonStock suing. Long story short, I used a cartoon image I picked up off Google Images on my website only. It was not used for profit, was not printed, and more importantly is not copyright noted nor is it an exact match to the image they are claiming I took from their catalog, rather a variation of it. I also did not change the image. I have replied as such with a side by side image showing this but they are being aggressive. Here is our correspondence today and the image. I realize it's under $100 they are asking but it was a total accident and isn't obvious to me on the image I used. Money is tight and I am just wondering if this is for real??
I can't figure out how to attach image but mine has NO side text with copyright and usage info: https://lcs.cartoonstock.com/4T68H5R6
License Compliance Services, CartoonStock Ltd.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
12-Dec-2014
Dear Stacy McArdle,
It has come to the attention of CartoonStock Ltd that an image or image(s) represented by CartoonStock Ltd are being used or have been used online by your company. According to our records there is no valid license issued to your company for the use of the image(s).
To view the image(s) in question together with the usage(s) found on your company’s website (http://www.stacymcardle.org/), go to: https://lcs.cartoonstock.com/4T68H5R6
Using a CartoonStock Ltd image without a valid license is considered copyright infringement and in violation of the Copyright Act, Title 17, United States Code, entitling CartoonStock Ltd to seek compensation for infringing uses. CartoonStock Ltd is committed to protect the interests, intellectual property and livelihoods of the contributors with whom we work.
To resolve this matter (Case Ref: 4T68-H5R6):
_____________________________________________________________
If a valid license has been issued for the image(s) in question:
Please email the license purchase information to LCS@cartoonstock.com within 10 business days of the date of this letter.
If a valid license proof cannot be found:
Please cease using the image(s) in question immediately.
In addition, a $98.70 settlement payment should be received within 10 business days of the date of this letter. The payment options are detailed below. Ceasing use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
Remittance Payment Options (settlement fee: $98.70)
_____________________________________________________________
You can remit your payment online at:
https://lcs.cartoonstock.com/4T68H5R6
Remit Check Payment To:
License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
Please include Reference Number 4T68-H5R6 with check payment.
Alternatively, you may contact us at +1 855 387 8725.
We believe that prompt cooperation will benefit all concerned parties.
If you would like to continue to use the image(s) in question, or if you believe you have mistakenly received this letter, please contact us by email at LCS@cartoonstock.com, or call +1 855 387 8725 and we will assist you.
This letter is without prejudice to CartoonStock Ltd’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services, CartoonStock Ltd.
LCS@cartoonstock.com
Frequently Asked Questions
What is CartoonStock Ltd?
Based in the city of Bath in the west of England, CartoonStock was founded in early 1997 as a stock-house through which quality cartoonists could sell unpublished work, or work in which they had retained the copyright. We sell to large and small publishers, advertising, design and PR agencies and countless corporate purchasers and private individuals worldwide. As well as selling stock, we can also arrange the commissioning of artwork from almost all of our artists.
CartoonStock was founded and is still run by Ed Beardwell a new media consultant/developer, Engineer and Chartered Accountant and Joel Mishon, a professional cartoonist. Our close knit team has a wealth of knowledge of the cartooning industry and we can provide assistance with almost all cartoon sourcing issues.
CartoonStock was the first searchable cartoon archive on the web and the first to offer instant online licensing and downloading of printable images. We now provide more images online and a wider range of subject matter, artists and purchasing options than any other service. Our in-house staff of thirteen handles all elements of the business from cartoonist liaison and image acquisition, through image scanning, processing and cataloguing, to web development, client account handling, marketing and all back-office activities. By keeping all these skills and facilities in-house, we can offer unrivalled flexibility and speed of response to our clients and can ensure the business develops to keep pace with (or be one step ahead of) our market.
We now represent over 600 of the World's best cartoonists and our collection and cartoonists roster continues to grow rapidly.
Why is CartoonStock Ltd contacting me?
Your website was recognized by an internet service CartoonStock Ltd uses to identify all online uses of images we represent. After notification by this service and upon review of our billing systems there is no record of a valid license for use of the image(s) identified online.
What if I didn’t know?
You may have employed a third party, former worker or intern to design and develop your company’s site. However, the liability of any infringement ultimately falls on the company (the end user) who hired that party, employee or intern. You may have been unaware this material was subject to license. The Copyright Act treats infringements as “no fault,” meaning anyone who copies, displays or publicly distributes a photograph infringes the copyright whether they were aware that the use was infringing or not.
What if I simply remove the image?
While we appreciate the effort of removing the material in question from your site, we still require compensation. Your company has benefited by using our imagery without permission from CartoonStock Ltd or its represented contributors. As the unauthorized use has already occurred, payment for that benefit is necessary.
What if I need to speak further with somebody to discuss this matter?
Please either email us at LCS@cartoonstock.com or call +1 855 387 8725.
------------------------------------------------------------------
Re: Unauthorized Use of CartoonStock Ltd Image(s) - Ref: 4T68-H5R6
People
me
Today at 9:59 AM
To lcs@cartoonstock.com
This message contains blocked images.
Hi,
First off, I have kindly removed the image I was using. Please see my attached image to understand my following reasonable argument against your threat. The problem here is you have no grounds to sue me for this amount as the image I was using, that you have record of, does NOT have copyright info on it. I found this image on Google Images and did not change it in any way. So, someone else is hosting a clean version of the cartoon without the copyright info you are showing in your catalog. I have removed it
and will never use anything marked Cartoon Stock again.
Best, Stacy
Stacy McArdle, Artist
http://www.meditationartist.com/
------------------------------------------------------------------------
Stacy,
Copyright protection exists in an image upon the moment of creation. The ability to view content via social media, Google, Yahoo or other internet searches does not mean that permission to use any content has been granted to anyone. These entities do not own those images and have no authority to offer them for use, free or otherwise. An internet search merely provides you with responses to the query you entered. For example, say your query is “pictures of black dogs.” The search engine then goes to the internet and copies 500 pictures of black dogs, which would be responses to your query. The engine is copying or reflecting just what it finds on the internet, which includes copies of the image of our customers who are legitimately displaying the image because they properly purchased a license to use the image before displaying it. Google does have a warning on the images which reads: “Image may be subject to copyright.” If you obtained other image content via any of these methods, you may want to remove that content from the website as well.
Google’s terms of use also states:
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.
The damages we seek are based on what CartoonStock Ltd and its represented photographer have been injured as a result of the unauthorized use and now seek to be made whole. These damages are calculated by the lost licensing fees, including our costs of enforcement. Had the infringement not occurred of our represented photographers’ copyrights, we would not be attempting to recover these fees and the added efforts to pursue this unauthorized use matter.
Please contact our License Compliance Team at 1-855-387-8725 between 8:00AM to 5:00PM (PST) Monday thru Friday. We are willing to work with you to settle this matter amicably.
Regards,
Matthew J. Adams
License Compliance Services, CartoonStock Ltd.
P: 1.855.387.8725 E: lcs@cartoonstock.com
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
cid:image005.png@01CFF456.63C47D20
-------------------------------------------------------------------
me
Today at 10:21 AM
To LCServices Inc
Your image in catalog has different information on it and is a variation of the image I used. I suggest you meditate. Thanks!
Stacy McArdle, Artist
http://www.meditationartist.com/
-----------------------------------------------------------------
LCServices Inc
Today at 10:24 AM
To me
This message contains blocked images.
Stacy,
We will forward your case to our legal department for further review as requested.
Regards,
Matthew J. Adams
License Compliance Services, CartoonStock Ltd.
P: 1.855.387.8725 E: lcs@cartoonstock.com
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
cid:image005.png@01CFF456.63C47D20
I can't figure out how to attach image but mine has NO side text with copyright and usage info: https://lcs.cartoonstock.com/4T68H5R6
License Compliance Services, CartoonStock Ltd.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
12-Dec-2014
Dear Stacy McArdle,
It has come to the attention of CartoonStock Ltd that an image or image(s) represented by CartoonStock Ltd are being used or have been used online by your company. According to our records there is no valid license issued to your company for the use of the image(s).
To view the image(s) in question together with the usage(s) found on your company’s website (http://www.stacymcardle.org/), go to: https://lcs.cartoonstock.com/4T68H5R6
Using a CartoonStock Ltd image without a valid license is considered copyright infringement and in violation of the Copyright Act, Title 17, United States Code, entitling CartoonStock Ltd to seek compensation for infringing uses. CartoonStock Ltd is committed to protect the interests, intellectual property and livelihoods of the contributors with whom we work.
To resolve this matter (Case Ref: 4T68-H5R6):
_____________________________________________________________
If a valid license has been issued for the image(s) in question:
Please email the license purchase information to LCS@cartoonstock.com within 10 business days of the date of this letter.
If a valid license proof cannot be found:
Please cease using the image(s) in question immediately.
In addition, a $98.70 settlement payment should be received within 10 business days of the date of this letter. The payment options are detailed below. Ceasing use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
Remittance Payment Options (settlement fee: $98.70)
_____________________________________________________________
You can remit your payment online at:
https://lcs.cartoonstock.com/4T68H5R6
Remit Check Payment To:
License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
Please include Reference Number 4T68-H5R6 with check payment.
Alternatively, you may contact us at +1 855 387 8725.
We believe that prompt cooperation will benefit all concerned parties.
If you would like to continue to use the image(s) in question, or if you believe you have mistakenly received this letter, please contact us by email at LCS@cartoonstock.com, or call +1 855 387 8725 and we will assist you.
This letter is without prejudice to CartoonStock Ltd’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services, CartoonStock Ltd.
LCS@cartoonstock.com
Frequently Asked Questions
What is CartoonStock Ltd?
Based in the city of Bath in the west of England, CartoonStock was founded in early 1997 as a stock-house through which quality cartoonists could sell unpublished work, or work in which they had retained the copyright. We sell to large and small publishers, advertising, design and PR agencies and countless corporate purchasers and private individuals worldwide. As well as selling stock, we can also arrange the commissioning of artwork from almost all of our artists.
CartoonStock was founded and is still run by Ed Beardwell a new media consultant/developer, Engineer and Chartered Accountant and Joel Mishon, a professional cartoonist. Our close knit team has a wealth of knowledge of the cartooning industry and we can provide assistance with almost all cartoon sourcing issues.
CartoonStock was the first searchable cartoon archive on the web and the first to offer instant online licensing and downloading of printable images. We now provide more images online and a wider range of subject matter, artists and purchasing options than any other service. Our in-house staff of thirteen handles all elements of the business from cartoonist liaison and image acquisition, through image scanning, processing and cataloguing, to web development, client account handling, marketing and all back-office activities. By keeping all these skills and facilities in-house, we can offer unrivalled flexibility and speed of response to our clients and can ensure the business develops to keep pace with (or be one step ahead of) our market.
We now represent over 600 of the World's best cartoonists and our collection and cartoonists roster continues to grow rapidly.
Why is CartoonStock Ltd contacting me?
Your website was recognized by an internet service CartoonStock Ltd uses to identify all online uses of images we represent. After notification by this service and upon review of our billing systems there is no record of a valid license for use of the image(s) identified online.
What if I didn’t know?
You may have employed a third party, former worker or intern to design and develop your company’s site. However, the liability of any infringement ultimately falls on the company (the end user) who hired that party, employee or intern. You may have been unaware this material was subject to license. The Copyright Act treats infringements as “no fault,” meaning anyone who copies, displays or publicly distributes a photograph infringes the copyright whether they were aware that the use was infringing or not.
What if I simply remove the image?
While we appreciate the effort of removing the material in question from your site, we still require compensation. Your company has benefited by using our imagery without permission from CartoonStock Ltd or its represented contributors. As the unauthorized use has already occurred, payment for that benefit is necessary.
What if I need to speak further with somebody to discuss this matter?
Please either email us at LCS@cartoonstock.com or call +1 855 387 8725.
------------------------------------------------------------------
Re: Unauthorized Use of CartoonStock Ltd Image(s) - Ref: 4T68-H5R6
People
me
Today at 9:59 AM
To lcs@cartoonstock.com
This message contains blocked images.
Hi,
First off, I have kindly removed the image I was using. Please see my attached image to understand my following reasonable argument against your threat. The problem here is you have no grounds to sue me for this amount as the image I was using, that you have record of, does NOT have copyright info on it. I found this image on Google Images and did not change it in any way. So, someone else is hosting a clean version of the cartoon without the copyright info you are showing in your catalog. I have removed it
and will never use anything marked Cartoon Stock again.
Best, Stacy
Stacy McArdle, Artist
http://www.meditationartist.com/
------------------------------------------------------------------------
Stacy,
Copyright protection exists in an image upon the moment of creation. The ability to view content via social media, Google, Yahoo or other internet searches does not mean that permission to use any content has been granted to anyone. These entities do not own those images and have no authority to offer them for use, free or otherwise. An internet search merely provides you with responses to the query you entered. For example, say your query is “pictures of black dogs.” The search engine then goes to the internet and copies 500 pictures of black dogs, which would be responses to your query. The engine is copying or reflecting just what it finds on the internet, which includes copies of the image of our customers who are legitimately displaying the image because they properly purchased a license to use the image before displaying it. Google does have a warning on the images which reads: “Image may be subject to copyright.” If you obtained other image content via any of these methods, you may want to remove that content from the website as well.
Google’s terms of use also states:
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.
The damages we seek are based on what CartoonStock Ltd and its represented photographer have been injured as a result of the unauthorized use and now seek to be made whole. These damages are calculated by the lost licensing fees, including our costs of enforcement. Had the infringement not occurred of our represented photographers’ copyrights, we would not be attempting to recover these fees and the added efforts to pursue this unauthorized use matter.
Please contact our License Compliance Team at 1-855-387-8725 between 8:00AM to 5:00PM (PST) Monday thru Friday. We are willing to work with you to settle this matter amicably.
Regards,
Matthew J. Adams
License Compliance Services, CartoonStock Ltd.
P: 1.855.387.8725 E: lcs@cartoonstock.com
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
cid:image005.png@01CFF456.63C47D20
-------------------------------------------------------------------
me
Today at 10:21 AM
To LCServices Inc
Your image in catalog has different information on it and is a variation of the image I used. I suggest you meditate. Thanks!
Stacy McArdle, Artist
http://www.meditationartist.com/
-----------------------------------------------------------------
LCServices Inc
Today at 10:24 AM
To me
This message contains blocked images.
Stacy,
We will forward your case to our legal department for further review as requested.
Regards,
Matthew J. Adams
License Compliance Services, CartoonStock Ltd.
P: 1.855.387.8725 E: lcs@cartoonstock.com
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
cid:image005.png@01CFF456.63C47D20