Christopher Holt Posted May 21, 2015 Share Posted May 21, 2015 For those that have their images with stock photography providers OTHER than Alamy, this might be of interest. Photoshot have acquired a few other libraries of late and have subsequently instructed Imageprotect.com to trawl the web and find infringements. So imagine my surprise when I received a somewhat "un-delightful" series of emails from Imageprotect of all people, threatening to sue the pants off of me for using my own images on my own website. To be clear, this wasn't a polite cease & desist type email. It came across more that they actually wanted £1000 per image and then have a chat. The worrying side of this is that if you license your own work to clients whilst also submitting images to a library that employs a company such as Imageprotect (as Alamy have said they could well do) and they do this to one of your respected clients on your behalf at some stage, you could well be "missing" future sales. C. Email included below: ***************** From: ImageProtect [mailto:DMCA@imageprotect.com] Subject: Re: Unauthorized Use of Copyrights Owned Exclusively by Photoshot Holdings Ltd. FIRST ATTEMPT Dear Sir or Madam Copyright Infringement by Photoshot Holdings Ltd. Letter Before Claim ImageProtect is a third-party corporation that monitors and detects images for the purpose of copyright enforcement. We write to you in regard to your unauthorised use of the image (the "Image") (a copy of which is enclosed) as stated below. The author and copyright owner of the Image, Photoshot Holdings Ltd., has directed us to pursue this claim on their behalf on the basis of a Licence Recovery agreement. The Image was discovered on your website and on your server. We enclose for your reference copies/screen captures of the webpages where the Image appears and the following information: Timestamp: Infringers IP Address: Infringers Hosting Company: Listing of infringement(s): This appears to be an unlicensed use of the Image. As the copyright owner, Photoshot Holdings Ltd. has exclusive rights pursuant to the Copyright, Designs & Patents Act 1988 (the "CDPA") to license acts restricted by the copyright, including issuing copies of the work to the public without his/her consent. The CDPA does not require any kind of intent or knowledge on the part of the infringer that their use infringed another party's copyright. Therefore, it is no defence to say that you did not know the Image was protected by copyright. If you did not have a valid licence to use the Image you are liable to pay damages to Photoshot Holdings Ltd. for the unauthorised use. We hereby demand that you comply with the following: 1. If a valid licence was purchased prior to the use of the Image, please provide us with a copy of the sales order, invoice, or other licence information. If the image was licensed under an alternative company name or in the name of a third party, such as an advertising agency, please provide that company name and phone number. We will review that information and respond to you as quickly as possible. 2. If a valid licence does not exist for the identified usage and you do not plan to use the Image in the future, you must immediately cease and desist use of the Image and remove it from your website. In addition, in consideration of our client refraining from bringing legal proceedings against you, a payment of £1000.00 for the use of the Image must be received within 14 days of the date of this notice. ImageProtect treats copyright infringement as a serious matter. If you are interested in resolving this matter prior to litigation, we expect full compliance with the above demands. Image Protect operates an online settlement portal which automates the processing of damages payments. You can access the portal by copying and pasting the URL below into a browser. Follow the instructions to pay damages of £1000.00 or provide valid licence details. Alternatively, please contact the undersigned within the next 14 days in order to clarify if a valid licence exists or to discuss payment of damages for past use. If possible, we can discuss the continued use of the Image once the damages have been paid and if there is no conflict with any current licensed user. If we do not hear from you Photoshot Holdings Ltd. reserves the right to take any action they deem necessary, including but not limited to the issue of legal proceedings against you without further notice. In such event, Photoshot Holdings Ltd. will seek all remedies available under the CDPA. For the avoidance of doubt, any claim against you will be commenced by the copyright owner. This letter complies with the Practice Direction on Pre-Action Conduct. You have an obligation to comply with the Practice Direction which can be found at the following web address: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct. Please note in particular paragraph 4 which sets out the sanctions the Court may impose should you fail to do so. Ignoring this letter may lead to proceedings and an increase in the amount of your liability. At this stage we are not aware that you have any grounds to dispute this claim. Once we receive your response to this letter we will be in a better position to consider if any alternative dispute resolution method is appropriate to any issue you raise. This letter is in attempt to settle a claim. Photoshot Holdings Ltd. reserves all its rights and remedies whether legal or equitable while awaiting your full response. Yours faithfully Jonathan Thomas CEO Clear Arts Inc dba ImageProtect 1401 N El Camino Real, Ste 203 San Clemente, CA 92672 +1 949 361 3959 For any correspondence regarding this case, please send your emails to DMCA@ImageProtect.com and refer to Notice ID. If you need immediate assistance or if you have general questions please call the number listed above. ***************** Link to comment Share on other sites More sharing options...
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