in most cases they are looking for quick easy money and are willing to negotiate and most of such cases can be settled for far less than the initial demand amount
however, if there is no way to communicate/negotiate then that option is out
in many cases, if you ignore them they will go away, and that is obviously the best outcome since it requires no money on your part
normally I would suggest giving them a much lower counter offer that you are comfortable with and sticking to that and indicate that you are not able to pay more....when they realize you are firm and/or don't have the funds, they will either or accept or often they will just go away
and responding that you have ceased use of the images is also good
Doesn't making an offer imply guilt? From what I've been reading this is happening to thousands of mom and pop biz. These companies have Bots that spider sites looking for infringements. They do not settle with people for less.
no it doesn't, it's just a settlement...common practice
If they do file a judgment against me and win my income is Social Security and can't be garnished.
that's right....but they do settle for less in most cases
they do not want to go to court in most cases...too much trouble for them
no that type of garnishment is highly unlikely
especially for an innocent infringer
if there is no way to counter-offer then i suggest ignoring it
otherwise I would submit a counter offer for a low amount you can afford
there is always a risk of getting sued, but it is not too likely
Since I have no money to offer them and have very little site traffic I'm not going to offer anything but should I still send a compliance letter about removal of photos for wait to see whats next. I live below poverty level I need the small amount i get to buy food and pay rent. I just went bankrupt this year and have noting.
yes just send that letter...and don't admit any wrongdoing
just say you had no idea of the copyright etc and that you immediately removed the photos upon notice
you should be fine
Thank you Alex I appreciate your time and for easing my mind. I've learned a lesson from this and am using image search thru out my site to find any other potential problems. I'll leave a good rating for you. Thanks again.
thanks, XXXXX XXXXX luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).