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We have received a letter for demand on a copywrite

Customer Question
Hello we have received...

Hello we have received a letter for demand on a copywrite infringement case. We used an image from a clit art gallery and now they are demanding us pay for licensing. however we didn't get the image from the owners site or have any information on who the owner is

Lawyer's Assistant: Do you have a registration record?

I don't know what that means

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

Nothing has been filed we have just received this letter., sent them thie info of where we got the log from. they were demanding 30 000 now its just $3500. however we made less then $500 on the items

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really

Submitted: 8 months ago.Category: Canada Law
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Answered in 5 minutes by:
10/4/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,109
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 8 months ago

I am sorry to hear this.

Are you saying you did use the art without permission or paying a fee and asking what you should do now?

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Customer reply replied 8 months ago
we got the logo from a clipart site. that said it was fair use. The image was alterered and posted on the site. so we used it.
Then we got a letter demanding 30 000 for damage. They had some questions about where we got the logo from and we gave it to them as well as the links we used.
Now they want $3500. However the shirts we put the logo on were a fundraiser and we maybe made $300 in total
Customer reply replied 8 months ago
we are in Canada but this company is from the US.
Lawyer: Debra, Lawyer replied 8 months ago

Are you saying that the logo was on a site and the site stated that you could use the image for free?

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Customer reply replied 8 months ago
here is where we found it
http://clipart-library.com/walleye-cliparts.htmlit offers a download
Lawyer: Debra, Lawyer replied 8 months ago

OK

So what I suggest you do is send them a letter, provide them a link to the website where you go this from.

Tell them you trusted the website and did nothing wrong and that in fact this logo was used for a fundraiser. The total made for the tshirts was only $300 and that there is no money to pay for a licencing fee and if they want to sue you go ahead. You can say your defence is that you were provided the logo for free and they are clearly going after the wrong person because it is that site that purported to own the copyright when perhaps it did not. You can also say that you will not use the logo again knowing that they are the actual copyright holders.

I would be shocked if they sued you but if they did they you would defend ( I could help you through the site) and you would add this website into the lawsuit.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 8 months ago
We started our company "the Rusty Hooker Fishing co." To raise some money to offset our tournament fees as well as give back to the Sask Wildlife federation.
The logo is also available on google in its altered state. We then refined it and added some things to the background.
If the artist was so worried about copy write shouldn't he be going after google? And google distributed it, with out providing any information about who owns it?
Also if we shut our company down in August and got this letter in September, it makes it look like a shake down, that their lawyers thaught we were a big company and now they find out we are nothing
Lawyer: Debra, Lawyer replied 8 months ago

Are you saying that you were incorporated?

And you are saying google uses this logo as well? But how do you know they didn't pay to licence it?

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Customer reply replied 8 months ago
We are not incorporated just own the name. It just shows up in a basic image search
Lawyer: Debra, Lawyer replied 8 months ago

But that is not the same thing as google using it.

Anyway, your argument about google won't help you but what will help is a site told you that you can have it for free.

I just don't think they are going to bother from the US for $3500.

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Customer reply replied 8 months ago
The lawyer that has contacted us is from Canada Gowlings or something like that
Lawyer: Debra, Lawyer replied 8 months ago

That is a very large and expensive firm.

But a lawyer from this firm is not going to sue you for $3500. Their fees will be higher by far. The lawsuit if there is one would be in Small Claims Court and you could easily defend.

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Customer reply replied 8 months ago
This was the last email
Lawyer: Debra, Lawyer replied 8 months ago

You can ignore this or say no.

I don't believe they will win in court.

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Lawyer: Debra, Lawyer replied 8 months ago

Is there anything more I can help you with at this point in time?

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