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  • FIRST POST
    • CtrlAltDel
    • By CtrlAltDel 5th Mar 17, 3:37 PM
    • 2Posts
    • 0Thanks
    CtrlAltDel
    Copyright infringement - Letter to pay
    • #1
    • 5th Mar 17, 3:37 PM
    Copyright infringement - Letter to pay 5th Mar 17 at 3:37 PM
    Hi all.
    Ive a small website that promotes my cafe. I was looking to sell Xmas lunches for posted on it and used a photo i found on the web of a plate of food on a Chinese website
    I was aware of copyright, so i downloaded the image and then used google image search to try see if it was copyrighted. All the results came up (14 of them) and were none to any pic agency type website. So i used it.

    Today in the post i get a letter from a pic agency to say it was their image so they give me a bill for £2,200 or quick payment offer of £800 (if i pay within 14 days).

    Looking on their website, i can see the image, it has no copyright mark on the one they display. there is no info in the metadata of the image i have either. they would sell the image for 5 years for £225.

    They didn't send any type of remove request, just straight in with a bill.
    Anything i can do as i don't have the £800, let alone the £2.2k
    Thanks
Page 2
    • Fallen-Angel
    • By Fallen-Angel 13th Mar 17, 6:11 AM
    • 142 Posts
    • 2,522 Thanks
    Fallen-Angel
    People talking about "all the other sites using it" - please bare in mind that they may have paid to be able to use it. Just because you pay to have an image from a pic agency doesn't mean it is now yours exclusively. They can sell it to as many people as they want (unless otherwise agreed), these sites can then prove that they've paid to use the image on their site.

    If these sites haven't paid for it then no doubt, like the OP, they'll be getting a letter too.
    Mother to a 7 year old. Wife to an engineer.

    Baker. Gamer. Rocker. Crafter. Blogger. Geek.
    • martindow
    • By martindow 13th Mar 17, 9:26 AM
    • 6,881 Posts
    • 3,753 Thanks
    martindow
    How can you check that an organisation claiming copyright is genuine? Unless I could check their validity I would be very worried about paying anything in response to a cold-calling email from an unknown business.
    • Fallen-Angel
    • By Fallen-Angel 13th Mar 17, 10:54 AM
    • 142 Posts
    • 2,522 Thanks
    Fallen-Angel
    How can you check that an organisation claiming copyright is genuine? Unless I could check their validity I would be very worried about paying anything in response to a cold-calling email from an unknown business.
    Originally posted by martindow
    I suppose OP could challenge them to prove that they own the copyright to the image - they should have information as to when the image was taken and by who.

    OP could also play dumb, explaining that they honestly didn't realise they were doing anything wrong and ask if they can just take the image down but chances are they'll not budge. The image has been used to make money (attract customers to the cafe) so what they're wanting is compensation for their work being used this way.
    Mother to a 7 year old. Wife to an engineer.

    Baker. Gamer. Rocker. Crafter. Blogger. Geek.
    • springdreams
    • By springdreams 13th Mar 17, 8:37 PM
    • 3,515 Posts
    • 31,179 Thanks
    springdreams
    The OP should seek advice from an Intellectual Property attorney, who specialise in these type of problems. Most offer a free initial consultation.

    The OP seems to have disappeared though, after posting the initial query ...
    Smiles are as perfect a gift as hugs...
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    • c-m
    • By c-m 20th Mar 17, 9:11 AM
    • 740 Posts
    • 250 Thanks
    c-m
    Quickest way to make it go away is to negotiate a price with them, then pay up.
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