Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
this is a common situation
So do we have to pay this outrage bill? We responded in good faith.
at this point it is just a matter of negotiation and your risk tolerance. these guys want easy fast money. like you, they don't wantto get into litigation. these matters can usually be settled for much less than the initial demand, so i suggest giving a lower counter-offer that you can live with, and staying firm on it
Is this legal on their part? Seems a lot like extortion to me. We were unaware of these copy rights, in place on the pictures did it indicate that this was an issue.
sometimes they also leave you alone if you ignore them or are not willing to raise your offer, that works in some cases, but just beware there is a risk of a lawsuit if you do not settle, although the chances are fairly low
Can I try to write a letter to them
it's perfectly legal assuming you used 2 of their copyrighted photos without permission....they sent out thousands of such notices every week i would imagine
sure you can but it will likely be equivalent to igoring them or a $0 counteroffer in their mind...unless there is something special in the letter
Okay, thank you for your time. This just doesn't seem very ethical on their part, but I understand what you are saying.
yeah, copyright infringement does not require any knowledge, it's juststrict liability essentially
they make a lot of $$ by going after people who fal in the trap
best of luck!
Ugh! have a great day.