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Messages - snacksdaily

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Getty Images Letter Forum / Picrights & AFP Copyright Infringement
« on: August 11, 2018, 07:06:59 PM »
Hello all,

I am being fined by Picrights and AFP for a photo that has been properly copyrighted. I have contacted the owned of the photo and she told me that she sold the photo to AFP/Picrights.

The photo is of a art installation that I created at the Oregon Eclipse Festival in 2017. I am being fined $1065 for the photo and after contacting them, pleading my case, asking for a fair market value price, asking for the price that they are selling the photo for, etc and they went down to $375. I then sent an email explaining that they $375 settlement price seemed to be a bit much and offered a lower figured based on other pictures I found on istock.com (or something like that) and Geoff Beal (my Picrights contact) said, in short, no and that the new settlement price was now $475 -- $100 more for wasting his time.

 They priced my use as a Business Blog, although I am not selling anything that has to do with that photo. I took the photo down immediately. I contacted representatives at AFP. They said there is nothing they can do.

https://www.gettyimages.ca/license/835653162

I have been reading a lot of the cases on this forum, but I am not sure what to do. The decision I have to make is whether or not to pay the $475 now, or hope that they won't sue me. The price of the settlement goes back to $1065 after today, so I wonder if they would be more prone to sue me for a sum that is greater than $500.

Has anyone dealt with a situation similar to this: ~$1000 settlement option from Picrights/AFP for copyright infringement? What happened and how did you deal with it?

This was an email i received two days ago:






PicRights Ltd. on behalf of Agence France-Presse
3 Concorde Gate, 4th Floor
Toronto, ON, Canada M3C 3N7
Telephone: +1 888 367 7778, www.picrights.com

August 9, 2018

Dear X,

This is a courtesy reminder that the discount we offered to resolve your unauthorized use of Agence France-Presse's imagery is due to expire in three days (as of the date of this message).

Accordingly, you are requested to take one of the following actions immediately:

Please remit settlement payment online at https://resolve.picrights.com/570136747084 or call our office at +1 888 367 7778 so that we may process a credit card over the phone. Please remove the image if you have not done so already.
If you have licensing documentation, please provide this information as instructed previously.
If there are any other extenuating circumstances which are preventing resolution of this matter within the next 72 hours, please provide details of such immediately.
Unfortunately, should we not hear from you within 72 hours of this notice and should the matter remain unresolved the discounted settlement offer will be withdrawn.

If you believe you have received this email in error please contact us with your reference number 5701-3674-7084 at 1 888 367 7778, or resolve@picrights.com.

On behalf of PicRights and Agence France-Presse, thank you for your cooperation and we look forward to assisting you in resolving this matter.

Sincerely,
Geoff Beal
Copyright Compliance Officer
PicRights Ltd.

To learn more about PicRights, copyright and this specific matter please visit: https://resolve.picrights.com/570136747084.
This correspondence is without prejudice to PicRights’s and Agence France-Presse's, rights and remedies, all of which are expressly reserved.

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