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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been accused of copyright violation on my website for

Resolved Question:

I have been accused of copyright violation on my website for an image that I purchased online prior to it being listed by the claimant (Getty Images)
I have made them a reasonable counter offer as I dont have the time to waste on this.
Can they enforce their ridiculously exorbitant demand£375 when they list a similar image on their sister site for £21.
Having read all about their extortion techniques online I am tempted to argue this one.
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.Was it a genuine mistake please when you used the image?Have they said what loss, if any, they suffered?Alex
Customer: replied 8 months ago.
HiI bought a cd pack of images so genuinely believed it was legitimateBought before Getty listed their one by five years.Dave
Expert:  Ash replied 8 months ago.
Ok - then I think their fee is unreasonable. They would have to show they have suffered some sort of loss or that you made a huge profit by using their imagine,They cant - even if it went to Court it would be a small claim so they couldnt recover legal costs. But your offer is reasonable.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
Hi Alex,Thanks for your reply - seems there is hope after all. From what I have read online their business model is to prey on small companies without the resource to fight them.Its very easy to just pay and walk away but ethically and morally they seem to be unpleasant. I also read that they only pay their photographers 15%, so their argument that they are fighting for them is a little flawed.However, I sent them the following email - please confirm as you stated earlier that I should fight this and not pay the £375 they are asking.Email text below;Dear *****e,Thank you for supplying your direct line number along with the information below.Unfortunately your direct line was not answered when I tried calling twice this afternoon.It was useful also to have the direct link to the image as I was able to identify it and note that you obtained/uploaded/made this available in 2012.Having now established the image in question I can confirm 100% that this was purchased legitimately on line as a pack of 3000 clip art images back around 2007.I still have the original download file and as an online purchase via card I believe I will be able to locate the bill.Having already paid for this I am not comfortable being asked to pay a second time, and certainly not the large (and in my opinion unrealistic) sum being requested.As a goodwill gesture and without prejudice, as well avoiding spending ages arguing over this I am willing to settle at £50. I am able to demonstrate amply that this is more than generous for an image such as this as I am sure you are aware how many thousands of similar images are legitimately available.Most importantly, I had purchased this image prior to it becoming available on Getty Images which would mean that you are attempting to charge me for something that you did not in fact own at the time of purchase.I look forward to your acceptance of what I believe is a more than generous offer.Regards,Dave Fox
Customer: replied 8 months ago.
Alex,Would you be willing to respond to them in your capacity as a solicitor if necessary, and what would that cost please?Dave
Expert:  Ash replied 8 months ago.
Sadly I can't be instructed as I work for the site, but a local solicitor could. The cost would be around £150Does that clarify? Alex
Customer: replied 8 months ago.
Thanks Alex,There was a question above the last one asking if you could write - please could you comment on that.Also, do you think I should hire a solicitor?Seems a lot of money to defend myself from something I believed was legitimate - I found the source image folder last night, has a license document included with it, and from a company that is still trading, although with a Panama registration.Dave
Expert:  Ash replied 8 months ago.
Thanks. There you go, you had a licence. Your email send to them is fine. After all you do have a good reason.Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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