106
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 24, 2013, 06:24:46 PM »
That is valuable information. I will find the answers right now. Thanks!
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107
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: November 24, 2013, 12:10:49 PM »
I'll try to cut out some of the old stuff and reply to what makes sense like you did. Hope it's not too confusing.
The picture that was posted was a candid celebrity photo. I have since looked deeper into it since I did not originally see the photo when it was posted. It appears that a bystander or paparazzi may have snapped the photo on the street during the filming of a TV show. It also has the smallest of small logos in the bottom right corner that belongs to one of the celebrity gossip blogs. When looking at the photo at the size it was posted on the page, the logo is unintelligible. I'm not trying to use that as an excuse, it's just an observation.
Pictures of people and especially can be more problematic, however celebs as a public figure can have their picture taken and used without a model release(from my understanding, look at all the gossip magazines with unflattering pictures). However, someone still holds rights to the picture and if there was an ownership stamp or logo on it then that should be a red flag.
Let me ask you this was the image actually uploaded to you page or was it just a hotlink, if it was just a hotlink then you should be okay. (See Perfect 10 v Google, Perfect 10 v Amazon cases which ruled hotlinking is not infringement).
http://en.wikipedia.org/wiki/Perfect_10,_Inc._v._Google_Inc.
http://en.wikipedia.org/wiki/Perfect_10,_Inc._v._Amazon.com,_Inc.
Unfortunately, I allow users to upload files. The user did upload the file in this case. Also, I had seen those cases in my previous readings. It seems one would actually need to be an indexing service like Google for the same rule to apply. I have seen other instances where it seems someone has been in trouble for posting a photo that was hosted elsewhere because it was "framed" within his site.
I saw that someone had posted a link to the US Copyright website where you could check to see if things are registered. I haven't used their search before so I don't know how effectively I used the tool. I tried variations of related and direct keywords to the image in question. I don't think it has been registered but it's hard for me to tell. This is different from the Getty letters, so you think that aspect of it even matters?
The image does not have to be registered, copyright exists from the moment a picture is taken, proper registration allows the holder to ask for statutory damages rather then just actual damages http://en.wikipedia.org/wiki/Statutory_damages_for_copyright_infringement
The issue with a lot of the Getty registrations are they are bulk registrations or registrations of entire collections with multiple artists. This may or may not apply here.
I figured that was what the answer would be. I'm aware of the copyright at time of creation rule. In the case of celebrity gossip sites, do you happen to know if they employ their own photographers or if they tend to purchase elsewhere? If so, does there need to be any official type of copyright transfer from photographer to source?
Is it acceptable for me to request the proof that others have requested from Getty in the past in this situation? I'm not saying to request it up front, I just mean if they do in fact contact me or send me a letter.
Absolutely, you want to see everything needed to justify whatever amount they are asking for.
I realize that anybody can be sued for anything. Is there any requirement to show any type of real proof before dragging somebody to court and requiring them to hire a lawyer and pay fees?
I tried finding the answer to this question, and I apologize if I missed it. I have seen that a URL and a screenshot do not make for proper evidence. What kind of evidence would they in fact need? Would they have to subpoena my web host for files and logs?
I am not a lawyer so I don't know the answer for sure to this, it is up to htem to prove you infringed. I do know there has been at least one case where it was rulled this type of evidence was not valid. The company sounds foreign but it was a US case called Telewizja Polska v. Echostar Satellite Corp
http://www.nyls.edu/documents/media_center/the_media_center_library_u_s_cases/1819.pdf
Theoretically, if this would go to court, would I basically be in trouble since the image did have a logo and was found on another site? I've been very confused on that point. It seems that anybody else on the web talking about copyright infringement pretty much says that is the end of the line for the argument. There is no fair use or journalistic use in that situation, it is simply copyright infringement.
Again, I can't say what a court will or will not do and for this kind of specific advice I think you would need to ask a copyright attorney but I would still play the waiting game and in the mean time continue to read and learn.
108
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 24, 2013, 11:58:01 AM »
I also have google webmaster tools and have requested removal of the cached images and pages from their results. In fact, I have basically shut down the ability to have my site crawled in any capacity, for any agent that respects robots.txt.
109
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 24, 2013, 11:51:31 AM »
I have checked wayback. The last time the site was indexed by wayback was prior to the image in question. However, I am attempting to have my site removed from wayback in general. I read their options for removal and did all that I could. Some seem to link to pages that are long gone.
Do you know of resources beyond what wayback itself describes?
I have read this post http://www.extortionletterinfo.com/forum/getty-images-letter-forum/can-we-be-sued-for-wayback-machine-continuing-to-display-the-photo-in-question/
I will search for others.
Do you know of resources beyond what wayback itself describes?
I have read this post http://www.extortionletterinfo.com/forum/getty-images-letter-forum/can-we-be-sued-for-wayback-machine-continuing-to-display-the-photo-in-question/
I will search for others.
110
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 24, 2013, 10:11:00 AM »
Thanks. I have definitely done that. I have even gone over if four or five times now just to be sure. I didn't mean to sound as if I felt safe with only one report and was hanging on to lots of others, I only meant to say that the complaint filed was only over one. I'm hoping that is all but definitely not trusting in that. Anything even remotely questionable has been down since the day I first received notice I had a complaint.
111
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: November 23, 2013, 11:55:00 PM »
Maybe this is a really basic question, but if people just cut these guys checks when they are threatened, what is to say that they won't come back for a second, third, or fourth helping? For those who do, is there any official paperwork or anything that protects them?
112
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 23, 2013, 11:01:37 PM »
As far as I know so far, I am only being accused of using one picture. That is, they only made one DMCA request to my host. There could be more and they just took the lazy route of sending a notice about one to get my info so they could send me a letter. If they are asking $250 per picture and I only have one, I feel like that puts me in an odd place. I could get Oscar for $250 and risk having to pay more or I could pay $250 and give in to their scheme. Heck, maybe they are asking that much because they visit this forum and they know that people are willing to shell out that much for the letter program. Is that giving them too much credit?
113
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 23, 2013, 10:42:10 PM »
I sent an email reply on my case on November 21. I have not received a phone call or email response yet. It's too soon to say if I'm clear or not. It seems like most of the other letters sent out on the same date as mine were to larger companies and LLCs. I'm hoping they realized I'm a nobody and that I won't have any money to pay up if they try to get me.
114
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 23, 2013, 09:14:58 PM »
ideanj, did the photo of the celebrity come from any of the popular gossip blogs? Did it have any type of logo on it?
My situation also involves a candid celebrity photo. I'm a little different in that I responded to a DMCA complaint to my domain registrar instead of receiving a letter in the mail. I wonder if I will receive a letter.
I don't know a lot about these guys but I have been reading around the forum. It seems they might have lost a majority of their past endeavors. I'm wondering if they are willing to now accept $250 from those who will cough it up rather than take a complete loss. To all of the regulars here, does that theory even make sense?
My situation also involves a candid celebrity photo. I'm a little different in that I responded to a DMCA complaint to my domain registrar instead of receiving a letter in the mail. I wonder if I will receive a letter.
I don't know a lot about these guys but I have been reading around the forum. It seems they might have lost a majority of their past endeavors. I'm wondering if they are willing to now accept $250 from those who will cough it up rather than take a complete loss. To all of the regulars here, does that theory even make sense?
115
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: November 23, 2013, 09:11:22 PM »
Greg,
Thanks for responding. I appreciate your honesty and wisdom. Sorry for firing off so many posts like that last night.
I did spend some time reading around the forums. I appreciate the wealth of knowledge that is here. I think I do have some questions. I will also try to provide better details. I apologize if some things are too generalized. I have read a lot and I remember a lot, but I can't remember who said them or in what thread they were said.
I had very, very generic terms of use set up. The welcome email to members was also very general. They stated that you couldn't do illegal things, that you assume responsibility, and that sort of thing. To make matters worse, I started checking my site in different browsers and it seems that the terms link may not have been clearly visible because of some sloppy html in the template of the site.
The picture that was posted was a candid celebrity photo. I have since looked deeper into it since I did not originally see the photo when it was posted. It appears that a bystander or paparazzi may have snapped the photo on the street during the filming of a TV show. It also has the smallest of small logos in the bottom right corner that belongs to one of the celebrity gossip blogs. When looking at the photo at the size it was posted on the page, the logo is unintelligible. I'm not trying to use that as an excuse, it's just an observation.
From things I have read on the forums, it seems like R. Taylor might be Randy Taylor that is mentioned in other places on the forum.
I saw that someone had posted a link to the US Copyright website where you could check to see if things are registered. I haven't used their search before so I don't know how effectively I used the tool. I tried variations of related and direct keywords to the image in question. I don't think it has been registered but it's hard for me to tell. This is different from the Getty letters, so you think that aspect of it even matters?
Is it acceptable for me to request the proof that others have requested from Getty in the past in this situation? I'm not saying to request it up front, I just mean if they do in fact contact me or send me a letter.
I tried finding the answer to this question, and I apologize if I missed it. I have seen that a URL and a screenshot do not make for proper evidence. What kind of evidence would they in fact need? Would they have to subpoena my web host for files and logs?
Theoretically, if this would go to court, would I basically be in trouble since the image did have a logo and was found on another site? I've been very confused on that point. It seems that anybody else on the web talking about copyright infringement pretty much says that is the end of the line for the argument. There is no fair use or journalistic use in that situation, it is simply copyright infringement.
Thanks for responding. I appreciate your honesty and wisdom. Sorry for firing off so many posts like that last night.
I did spend some time reading around the forums. I appreciate the wealth of knowledge that is here. I think I do have some questions. I will also try to provide better details. I apologize if some things are too generalized. I have read a lot and I remember a lot, but I can't remember who said them or in what thread they were said.
I had very, very generic terms of use set up. The welcome email to members was also very general. They stated that you couldn't do illegal things, that you assume responsibility, and that sort of thing. To make matters worse, I started checking my site in different browsers and it seems that the terms link may not have been clearly visible because of some sloppy html in the template of the site.
The picture that was posted was a candid celebrity photo. I have since looked deeper into it since I did not originally see the photo when it was posted. It appears that a bystander or paparazzi may have snapped the photo on the street during the filming of a TV show. It also has the smallest of small logos in the bottom right corner that belongs to one of the celebrity gossip blogs. When looking at the photo at the size it was posted on the page, the logo is unintelligible. I'm not trying to use that as an excuse, it's just an observation.
From things I have read on the forums, it seems like R. Taylor might be Randy Taylor that is mentioned in other places on the forum.
I saw that someone had posted a link to the US Copyright website where you could check to see if things are registered. I haven't used their search before so I don't know how effectively I used the tool. I tried variations of related and direct keywords to the image in question. I don't think it has been registered but it's hard for me to tell. This is different from the Getty letters, so you think that aspect of it even matters?
Is it acceptable for me to request the proof that others have requested from Getty in the past in this situation? I'm not saying to request it up front, I just mean if they do in fact contact me or send me a letter.
I tried finding the answer to this question, and I apologize if I missed it. I have seen that a URL and a screenshot do not make for proper evidence. What kind of evidence would they in fact need? Would they have to subpoena my web host for files and logs?
Theoretically, if this would go to court, would I basically be in trouble since the image did have a logo and was found on another site? I've been very confused on that point. It seems that anybody else on the web talking about copyright infringement pretty much says that is the end of the line for the argument. There is no fair use or journalistic use in that situation, it is simply copyright infringement.
116
Getty Images Letter Forum / Received a Complaint from BWP Media USA
« on: November 23, 2013, 01:53:44 AM »
First of all, I'm sorry if I'm breaking rules by starting my own thread on this. Also, I see most messages here seem to be about Getty. I apologize if this is off topic. I did post my story in another thread so I'm sorry if I'm making a mess here. I'm out of my mind with fear over this complaint I received.
I received a message from BWP Media USA on November 21. Actually, the complaint was filed on November 14, but through circumstances that I touch on below, I did not actually get the details of the complaint until November 21.
I run a small blog that has a few contributors who post articles. One of them posted a photo found on the web somewhere. I do not have a proper safe harbor agent so it looks like I'm on the hook for it if something happens.
My domain information is protected using Domains By Proxy. I have received crazy people contacting me because they got my info from domain registry in the past. It's a long story. The short of it is that I chose Domains By Proxy to protect myself, not because I'm doing anything illegal, sketchy, or morally wrong. Anyway, last week I received a notice from Domains By Proxy that there was a possible copyright complaint. Through some kind of technical mixup, it took an entire week to get Domains By Proxy to give me the information about the complaint. That's a long story, but needless to say I am also furious with Domains By Proxy for dropping the ball on something this important.
I took my entire site offline a few hours after receiving the complaint because I was freaked out and didn't know what had happened. When I finally got the details of the complaint, I emailed the person listed as the contact - R. Taylor from BWP Media USA - stating that I was unaware that there had been any type of violation, that the possibly infringing image (as well as the article the user had written on his own) had been completely removed from the server and the database, that my site does not generate any sort of profit (actually takes a loss because of the hosting costs), and that I was sorry. I've been so sick over this that I forgot to mention that it is user generated and not created by me. It might not make a difference since I haven't designated an actual DMCA agent and paid the fee to make it official, but I wish I had mentioned it anyway. There is definitely a place set up on my site where a DMCA complaint could have been filed without all this hassle. I think they intend to directly get your personal information and skip the whole DMCA process.
From what I've read here, it now sounds like I shouldn't have sent that email. It seemed off to me that legal matters would be handled via email but I have never been involved in DMCA or anything so I thought maybe that could be normal. The other problem is that Domains By Proxy basically says in that situation that you have to give the party complaining your contact details or they will without your consent. I did so and I'm guessing I may receive a letter in the mail now.
I've been reading all over the web to try and find out what kind of situation I'm in here and I'm at a total loss. Some people say that they remove the file and never hear about it again. Some people are calling BWP Media USA the next copyright troll. I looked through the last 111 filings involving BWP Media USA on a legal website. It seems that all of them have to do with entities much larger than myself. Most of them are against LLCs, etc. None of them seemed to be against individuals. Perhaps I'm just the dummy who didn't know you should create an LLC to run a website. I've never run a site for profit so the thought never crossed my mind.
I've seen that people can be sued for well over $150,000 in matters like this. I even read a case where someone had settled for $8,000. Since I'm not an LLC, I would be screwed because I wouldn't be able to just close down the business and move on. Getting sued for that much money would sink me. Even settling for an amount like that at this time would pretty nearly sink me. I would have to sell everything I own and I would probably still have to file for bankruptcy.
I just spoke with another guy on another forum who was in a very similar situation back in July with BWP. The only difference is that he had an LLC. He said he basically told them to pound sand after his initial email response (very similar to mine) and voicemail he left when he called and they never bothered him again.
Does anybody have any advice. I've been reading forums and things all over the Internet for days now and my head is just in knots. Sometimes I think I'm going to be okay and other times I see things that make me think I'm going to be out on the streets in a cardboard box.
Also, is there a way to search or find out if an image is registered for copyright before this goes further? I would like to try to find out so that I can know as much as possible before I speak with a lawyer, if I have to speak with one.
Does anybody have any tips or advice?
Any word on outcome from past cases around July?
I received a message from BWP Media USA on November 21. Actually, the complaint was filed on November 14, but through circumstances that I touch on below, I did not actually get the details of the complaint until November 21.
I run a small blog that has a few contributors who post articles. One of them posted a photo found on the web somewhere. I do not have a proper safe harbor agent so it looks like I'm on the hook for it if something happens.
My domain information is protected using Domains By Proxy. I have received crazy people contacting me because they got my info from domain registry in the past. It's a long story. The short of it is that I chose Domains By Proxy to protect myself, not because I'm doing anything illegal, sketchy, or morally wrong. Anyway, last week I received a notice from Domains By Proxy that there was a possible copyright complaint. Through some kind of technical mixup, it took an entire week to get Domains By Proxy to give me the information about the complaint. That's a long story, but needless to say I am also furious with Domains By Proxy for dropping the ball on something this important.
I took my entire site offline a few hours after receiving the complaint because I was freaked out and didn't know what had happened. When I finally got the details of the complaint, I emailed the person listed as the contact - R. Taylor from BWP Media USA - stating that I was unaware that there had been any type of violation, that the possibly infringing image (as well as the article the user had written on his own) had been completely removed from the server and the database, that my site does not generate any sort of profit (actually takes a loss because of the hosting costs), and that I was sorry. I've been so sick over this that I forgot to mention that it is user generated and not created by me. It might not make a difference since I haven't designated an actual DMCA agent and paid the fee to make it official, but I wish I had mentioned it anyway. There is definitely a place set up on my site where a DMCA complaint could have been filed without all this hassle. I think they intend to directly get your personal information and skip the whole DMCA process.
From what I've read here, it now sounds like I shouldn't have sent that email. It seemed off to me that legal matters would be handled via email but I have never been involved in DMCA or anything so I thought maybe that could be normal. The other problem is that Domains By Proxy basically says in that situation that you have to give the party complaining your contact details or they will without your consent. I did so and I'm guessing I may receive a letter in the mail now.
I've been reading all over the web to try and find out what kind of situation I'm in here and I'm at a total loss. Some people say that they remove the file and never hear about it again. Some people are calling BWP Media USA the next copyright troll. I looked through the last 111 filings involving BWP Media USA on a legal website. It seems that all of them have to do with entities much larger than myself. Most of them are against LLCs, etc. None of them seemed to be against individuals. Perhaps I'm just the dummy who didn't know you should create an LLC to run a website. I've never run a site for profit so the thought never crossed my mind.
I've seen that people can be sued for well over $150,000 in matters like this. I even read a case where someone had settled for $8,000. Since I'm not an LLC, I would be screwed because I wouldn't be able to just close down the business and move on. Getting sued for that much money would sink me. Even settling for an amount like that at this time would pretty nearly sink me. I would have to sell everything I own and I would probably still have to file for bankruptcy.
I just spoke with another guy on another forum who was in a very similar situation back in July with BWP. The only difference is that he had an LLC. He said he basically told them to pound sand after his initial email response (very similar to mine) and voicemail he left when he called and they never bothered him again.
Does anybody have any advice. I've been reading forums and things all over the Internet for days now and my head is just in knots. Sometimes I think I'm going to be okay and other times I see things that make me think I'm going to be out on the streets in a cardboard box.
Also, is there a way to search or find out if an image is registered for copyright before this goes further? I would like to try to find out so that I can know as much as possible before I speak with a lawyer, if I have to speak with one.
Does anybody have any tips or advice?
Any word on outcome from past cases around July?
117
Getty Images Letter Forum / Re: Anyone had a run-in with Sanders Law PLLC? Fair use?
« on: November 23, 2013, 01:44:56 AM »
I realize I'm replying to an old thread here. I'm sorry if that's unacceptable etiquette in these parts. I'm not familiar with this forum because I've never been in this type of situation before.
Anyway, I'm wondering what ever happened in the original poster's situation here. I see that this is from July so I thought maybe there had been some type of resolution.
I'm in a similar situation and I need advice. I posted my story at http://www.extortionletterinfo.com/forum/getty-images-letter-forum/need-an-opinion-on-a-letter-i-received/msg17058/#msg17058
Anyway, I'm wondering what ever happened in the original poster's situation here. I see that this is from July so I thought maybe there had been some type of resolution.
I'm in a similar situation and I need advice. I posted my story at http://www.extortionletterinfo.com/forum/getty-images-letter-forum/need-an-opinion-on-a-letter-i-received/msg17058/#msg17058
118
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: November 23, 2013, 01:38:01 AM »
I'm not trying to hijack somebody else's thread, so I'm sorry if I do.
I am currently in a similar situation and I'm freaking out. I also received a message from BWP Media USA. I run a small blog that has a few contributors who post articles. One of them posted a photo found on the web somewhere. I do not have a proper safe harbor agent so it looks like I'm on the hook for it if something happens.
My domain information is protected using Domains By Proxy. I have received crazy people contacting me because they got my info from domain registry in the past. It's a long story. The short of it is that I chose Domains By Proxy to protect myself, not because I'm doing anything illegal. Anyway, last week I received a notice from Domains By Proxy that there was a possible copyright complaint. Through some kind of technical mixup, it took an entire week to get Domains By Proxy to give me the information about the complaint. That's a long story, but needless to say I am also furious with Domains By Proxy for dropping the ball on something this important. The complaint was sent to them on November 14. It took me until November 21 to squeeze the information out of them that they neglected to send with the notice I had been charged for the complaint.
I took my entire site offline a few hours after receiving the complaint because I was freaked out and didn't know what had happened. When I finally got the details of the complaint, I emailed the person listed as the contact - stating that I was unaware that there had been any type of violation, that the possibly infringing image (as well as the article the user had written on his own) had been completely removed from the server and the database, that my site does not generate any sort of profit (actually takes a loss because of the hosting costs), and that I was sorry. I've been so sick over this that I forgot to mention that it is user generated and not created by me. It might not make a difference since I haven't designated an actual DMCA agent, but I wish I had mentioned it anyway. There is definitely a place set up on my site where a DMCA complaint could have been filed without all this hassle. I think they intend to directly get your personal information and skip the whole DMCA process.
From what I've read here, it now sounds like I shouldn't have sent that email. It seemed off to me that legal matters would be handled via email but I have never been involved in DMCA or anything so I thought maybe that could be normal. The other problem is that Domains By Proxy basically says in that situation that you have to give the party complaining your contact details or they will without your consent. I did so and I'm guessing I may receive a letter in the mail now.
I've been reading all over the web to try and find out what kind of situation I'm in here and I'm at a total loss. Some people say that they remove the file and never hear about it again. Some people are calling BWP Media USA the next copyright troll. I looked through the last 111 filings involving BWP Media USA on the site mentioned above. It seems that all of them have to do with entities much larger than myself. Most of them are against LLCs, etc. None of them seemed to be against individuals. Perhaps I'm just the dummy who didn't know you should create an LLC to run a website. I've never run a site for profit so the thought never crossed my mind.
I've seen that people can be sued for well over $150,000. I even read a case where someone had settled for $8,000. Since I'm not an LLC, I would be screwed because I wouldn't be able to just close down the business and move on. Getting sued for that much money would sink me. Even settling for an amount like that at this time would pretty nearly sink me. I would have to sell everything I own and I would probably still have to file for bankruptcy.
I just spoke with another guy on another forum who was in a very similar situation back in July with BWP. The only difference is that he had an LLC. He said he basically told them to pound sand after his initial email response (very similar to mine) and voicemail he left when he called and they never bothered him again.
Does anybody have any advice. I've been reading forums and things all over the Internet for days now and my head is just in knots. Sometimes I think I'm going to be okay and other times I see things that make me think I'm going to be out on the streets in a cardboard box.
Also, is there a way to search or find out if an image is registered for copyright before this goes further? I would like to try to find out so that I can know as much as possible before I speak with a lawyer, if I have to speak with one.
Does anybody have any tips or advice?
I am currently in a similar situation and I'm freaking out. I also received a message from BWP Media USA. I run a small blog that has a few contributors who post articles. One of them posted a photo found on the web somewhere. I do not have a proper safe harbor agent so it looks like I'm on the hook for it if something happens.
My domain information is protected using Domains By Proxy. I have received crazy people contacting me because they got my info from domain registry in the past. It's a long story. The short of it is that I chose Domains By Proxy to protect myself, not because I'm doing anything illegal. Anyway, last week I received a notice from Domains By Proxy that there was a possible copyright complaint. Through some kind of technical mixup, it took an entire week to get Domains By Proxy to give me the information about the complaint. That's a long story, but needless to say I am also furious with Domains By Proxy for dropping the ball on something this important. The complaint was sent to them on November 14. It took me until November 21 to squeeze the information out of them that they neglected to send with the notice I had been charged for the complaint.
I took my entire site offline a few hours after receiving the complaint because I was freaked out and didn't know what had happened. When I finally got the details of the complaint, I emailed the person listed as the contact - stating that I was unaware that there had been any type of violation, that the possibly infringing image (as well as the article the user had written on his own) had been completely removed from the server and the database, that my site does not generate any sort of profit (actually takes a loss because of the hosting costs), and that I was sorry. I've been so sick over this that I forgot to mention that it is user generated and not created by me. It might not make a difference since I haven't designated an actual DMCA agent, but I wish I had mentioned it anyway. There is definitely a place set up on my site where a DMCA complaint could have been filed without all this hassle. I think they intend to directly get your personal information and skip the whole DMCA process.
From what I've read here, it now sounds like I shouldn't have sent that email. It seemed off to me that legal matters would be handled via email but I have never been involved in DMCA or anything so I thought maybe that could be normal. The other problem is that Domains By Proxy basically says in that situation that you have to give the party complaining your contact details or they will without your consent. I did so and I'm guessing I may receive a letter in the mail now.
I've been reading all over the web to try and find out what kind of situation I'm in here and I'm at a total loss. Some people say that they remove the file and never hear about it again. Some people are calling BWP Media USA the next copyright troll. I looked through the last 111 filings involving BWP Media USA on the site mentioned above. It seems that all of them have to do with entities much larger than myself. Most of them are against LLCs, etc. None of them seemed to be against individuals. Perhaps I'm just the dummy who didn't know you should create an LLC to run a website. I've never run a site for profit so the thought never crossed my mind.
I've seen that people can be sued for well over $150,000. I even read a case where someone had settled for $8,000. Since I'm not an LLC, I would be screwed because I wouldn't be able to just close down the business and move on. Getting sued for that much money would sink me. Even settling for an amount like that at this time would pretty nearly sink me. I would have to sell everything I own and I would probably still have to file for bankruptcy.
I just spoke with another guy on another forum who was in a very similar situation back in July with BWP. The only difference is that he had an LLC. He said he basically told them to pound sand after his initial email response (very similar to mine) and voicemail he left when he called and they never bothered him again.
Does anybody have any advice. I've been reading forums and things all over the Internet for days now and my head is just in knots. Sometimes I think I'm going to be okay and other times I see things that make me think I'm going to be out on the streets in a cardboard box.
Also, is there a way to search or find out if an image is registered for copyright before this goes further? I would like to try to find out so that I can know as much as possible before I speak with a lawyer, if I have to speak with one.
Does anybody have any tips or advice?
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