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LawTalk
LawTalk, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 35395
Experience:  I have more than 25 years experience in the practice of law.
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Like many others i received a letter from LCS on behalf of

Customer Question

like many others i received a letter from LCS on behalf of Trunk Archive asking for me to pay $1250 for an image of a fruit popsicle that i put on my weight loss / nutrition blog. Didn't know the laws, and have removed from site and server. Should i send them a letter not admitting guilt but saying i don't want trouble, with a check for about $300 --- OR ignore the letters. Now have 3 letters. thx
JA: What written documentation do you have?
Customer: I have three letters from them.
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No and no. I'm a small business that won't afford a lawsuit, believe me. i've been reading online but also can't afford to pay this inflated amount!
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 28 days ago.
Category: Intellectual Property Law
Expert:  LawTalk replied 28 days ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unfortunately, not knowing the copyright laws is not a legal defense to being sued for the violation. You did the right thing by removing the image immediately and yes, by all means make them an offer of a settlement, but do not just sent them a check hoping that they will accept it. They will probably take the money and continue to pursue you for the $1200.

Make a settlement offer in writing or over the phone and only if and when you reach an agreement will you want to send them the money and get a Release of All Claims settlement document from them so they cannot come back against you later and sue you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Customer: replied 28 days ago.
What if i just ignore this? Will they actually sue me?
Customer: replied 28 days ago.
Are you able to still answer my question above?
Expert:  LawTalk replied 28 days ago.

Hi,

In order to answer that I would have to know their collection policies---which I clearly do not. They can sue you, and they will have a winnable case.

You certainly can take a wait and sue approach, but if they do sue you I can assure you that they will seek a lot more than what they are asking for in settlement, and they will seek attorney's fees and court costs as well---which are all payable if you go to a trial.

Your best course of action is to try and negotiate a settlement with them before they give up and sent the matter to their legal department for suit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 28 days ago.

Hi,

Is there anything else I can assist you with today?

Doug

Customer: replied 28 days ago.
No thank you.
Expert:  LawTalk replied 28 days ago.

Hi,

I am glad that I was able to assist you. Thank you for your kind words. They are very much appreciated. Unfortunately, your gratitude alone is not sufficient for me to be compensated for my having assisted you.

Please understand that in order for me to be credited, and paid, for having helped you, I need for you to positively rate my service to you by clicking on the rating stars located on your answer page---preferably 5-stars. It is that easy. It costs you nothing to rate me.

Thanks in advance.

I wish you the best,

Doug

Expert:  LawTalk replied 25 days ago.

Good evening,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, you can request a call by clicking on the "Call Me" button on your page.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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