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I was contacted today via a fed-ex letter from a company in

 
Alex Reese's Avatar
  • Answered by:Alex Reese
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Customer Question

I was contacted today via a fed-ex letter from a company in Toronto, Canada who claimed to own the copyright on a picture that was on my website. They are asking me to pay them $2,400 for retroactive use of that picture. I did not know the picture was copyrighted and immediately deleted it from my website. How would I know if the company has a legtimate claim against me for using that photo on my website?

 

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State/Country relating to question: California

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I deleted the picture immediately after being notified that my website contained a copyrighted picture.

Submitted: 314 days and 11 hours ago.
Category: Intellectual Property Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  Alex Reese replied 314 days and 11 hours ago.


Alex Reese :

hello

Alex Reese :

this is a common situation, companies like MasterFile and Getty Images go after thousands of people every day....what you can do is ask for some evidence of their copyright ownership, they should have no problem providing it

Alex Reese :

once you are satisfied that their ownership is legitimate, it's essentially a negotiation on price...both sides want to avoid court/litigation...they want to get a quick settlement $$$ and move on

Alex Reese :

these vast majority of these cases settle before a lawsuit, and they generally settle for less than the initial demand, often a lot less, so it would be wise to counter-offer with a substantially lower amount, like $500. the less amount of time the picture was up, the less the value of the picture etc etc. then the less you should offer.....but it's really just a flat out numbers game

Alex Reese :

thanks, best of luck!

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 98.9 %
Accepts: 2431
Answered: 7/6/2012

Experience: Experienced in intellectual property law

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