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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 12455
Experience:  30 years as a practising solicitor.
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We have recieved an email from a image rights company in the

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Hello, We have recieved an email from a image rights company in the USA demanding £3000 because we did not buy the right to use it.
Can you advise how i should respond?

The right to use what exactly?

Customer: replied 3 months ago.
An image we used on our website
Customer: replied 3 months ago.
It’s an image of a celebrity wearing an item of one clients
Customer: replied 3 months ago.
Since sending our infringement notification of 23 January 2018, we note that the fee of £ 3,000.00 remains unpaid and ..........copyrighted image continues to be displayed on your website at .......Your urgent attention is now required to resolve this matter amicably without recourse to further action.........copyrighted image was discovered on your website ...... for which there is no record of a license."......" is an artistic work as defined by the Copyright, Designs and Patents Act 1988 (UK), Section 4.ImageRights has been directed to pursue this claim on ...... behalf. If the image was licensed under an alternate company name (dba) or in the name of a third party, please reply to this email with information on the sales order, invoice or other pertinent licensing information.However, if a valid license for this use of the image does not exist, a fee of £ 3,000.00 is required to resolve this matter. This amount has been calculated based upon the latest recommended fees for Commercial and Business online use of photographs from the National Union of Journalists. Details of these rates can be found here: http://www.londonfreelance.org/feesguide/index.php?§ion=Photography&subsect=Online+use+of+photosAs the owner of the site, you are liable for the unauthorized use in the absence of a valid license, including cases in which a website designer, employee or intern is responsible for the inclusion of this image on your website. If your use of this image without a license was unintentional, for example if the image was found on the Internet and believed to be available for free use, it is still in violation of copyright law (Copyright, Designs and Patents Act 1988 (UK), Section 26) and ceasing use of the image now will not release you or your organization from liability in this regard.It is important that you respond to this letter to clarify if a valid license exists or to discuss payment of the outstanding license fee. ImageRights would also advise that you refer to the Practice Direction related to Pre-Action conduct as laid out at http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct.To resolve this matter, please follow these steps:1. Review the case documentation, including a screen shot of the infringed image(s) displayed on your website, at http://www.imagerights.com/. Your Case Access Code is ......2. Once you have reviewed the documentation, confirmed that a valid license for this use is not in place, and reviewed the Settlement and Release Agreement, then please select Request Invoice to Resolve Claim.3. Once you have removed the infringing uses of the image(s) from your website, please confirm by replying to this email.If you would like to speak with an ImageRights License Compliance Specialist regarding this matter, please email us at***@******.*** or call +1(###) ###-####ext. 710. Alternatively, please provide the contact information for the appropriate person to whom we should address this matter, if someone other than you.IN ALL COMMUNICATIONS WITH IMAGERIGHTS, PLEASE INCLUDE YOUR CASE NUMBER ***** THE SUBJECT LINE OF THE EMAIL. YOUR CASE NUMBER ***** *****This mail is for settlement purposes only and is issued without prejudice to any rights or remedies available to ImageRights, Lickerish, Ltd., and ...., all of which are expressly reserved.Sincerely,

These are extortionate demands. Remove the image if you haven’t already and ignore all correspondence. In my experience they will write a few more threatening letters but they won’t go to court.

Customer: replied 3 months ago.
We have removed the image and apologised several times. We received an email saying
Resolution of this matter includes both removal of the infringing imagery and payment of the fee for the prior unauthorized use, £3,000.. In an effort to resolve his matter with you amicably we are willing to reduce the fee to £2,250 provided payment is received on or before 4/13/2018...

Yes ignore that. That is quite normal as are the threats.

JGM and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Ok, great to know. Thank you for your help.