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I got an email from PicRights Ltd. on behalf of Agence

Customer Question
I got an...

I got an email from PicRights Ltd. on behalf of Agence France-Presse

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Some copyright issue canada toronto asking for $1590

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

No.

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

Nothing yet

Submitted: 5 months ago.Category: Canada Law
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Customer reply replied 5 months ago
Yesterday only i received this email.
The image is used in the blog post about 3 months ago. Its the image of Donald Trump shaking hand with Prime Minister of India.
They are asking for 1590 dollars as compensation.
What do i do?
Customer reply replied 5 months ago
Should i remove the post?
Do i have to reply to that email?
Are they genuine or its a scam?
Customer reply replied 5 months ago
On the email they also sent the screenshot of the image posted on my website
Answered in 1 hour by:
11/18/2017
Lawyer: Debra, Lawyer replied 5 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,915
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 5 months ago

I am sorry to hear this.

Are you saying the owner of the copyright of the photo is demanding this because you posted their photo online without their consent?

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Customer reply replied 5 months ago
its "PicRights Ltd. on behalf of Agence France-Presse"
I am very new in web designing and i am just learning it. Had no idea about anything like that.
Customer reply replied 5 months ago
Are you familiar about people getting such emails?
Customer reply replied 5 months ago
PicRights Ltd. on behalf of Agence France-Presse
3 Concorde Gate, 4th Floor
Toronto, ON, Canada M3C 3N7
Telephone: +1(###) ###-#### www.picrights.comNovember 17, 2017Via physical mail and email"My Address
*************** "Image License Validation for Agence France-Presse - Reference Number: "***************"Dear Business Owner,As an introduction, PicRights Ltd. ("PicRights") provides copyright compliance services to third-party content owners, including Agence France-Presse. PicRights has noticed that imagery represented by Agence France-Presse has been displayed on your website. Agence France-Presse has been unable to find a license for this usage of the imagery by your company.At the end of this message, we’ve attached a visual of the imagery and its use on your website.Our goal in contacting you is to identify an active license for this use, if one exists. If applicable you can send us your valid license / authorization by visiting https://resolve.picrights.com/"***************" and clicking the “I have a license…” link.If you do not have an active license for the use of this imagery, we request as an initial step that you remove the imagery from your website and contact us.Please be aware that removal of the imagery alone will not resolve this issue. Use of imagery managed by Agence France-Presse without a valid license is considered copyright infringement and entitles Agence France-Presse to seek compensation for infringing uses under the Copyright Act. The cost of settlement for past usage of the imagery on your company’s website is C$1593.00. Payment can be made by visiting: https://resolve.picrights.com/*************** or by contacting us at 1(###) ###-####or at***@******.***.We would like to resolve this time-sensitive issue as soon as possible and request that you respond within 14 days from the date of this correspondence.If you believe you have received this notice in error or have questions, please contact us with your reference number *************** at 1(###) ###-####or***@******.***.On behalf of PicRights and Agence France-Presse, we thank you for your cooperation and look forward to assisting you in resolving this matter.Sincerely,Geoff Beal
Copyright Compliance Officer
PicRights Ltd.To learn more about PicRights copyright and this specific matter please visit: https://resolve.picrights.com/***************.
This correspondence is without prejudice to PicRights’s and Agence France-Presse's, rights and remedies, all of which are expressly reserved.
Customer reply replied 5 months ago
For now i have removed the post from the blog section of my website.
Lawyer: Debra, Lawyer replied 5 months ago

This is a standard letter that is set out routinely. That is not to say it is a scam. It is not.

They can sue you for damages. They would be able to sue successfully for whatever they would charge someone for a licence to use this one photo. $1593.00 sounds very to me.

It is not likely but it is possible the will sue you. My own view is that you should take the photo down, not use it again of course, and not pay them a thing.

If they actually sue you then you can seek a settlement.

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 5 months ago
i used the picture on my website for 3 to 4 months.
To me $1590 is something i can never imagine to afford. If i have to, i can bring down the whole website instead. (if required or makes sense to u)If i avoid the email and they decided to take an action. Can they sue me for even more amount? (I mean more than 1590 dollars)?
Also if they decide to sue me, Is that a offence that will be put on my status and will show up in my police check if i apply for new job or for visa and immigration purpose?
Customer reply replied 5 months ago
Also what do you mean by "seek a statement"?
Lawyer: Debra, Lawyer replied 5 months ago

I didn't say seek a statement. I said seek a settlement.

I mean that if they sue you then you can offer some money for them to stop the lawsuit.

They can sue you for whatever they want. But to get a court to award what they are suing for they have to prove they are entitled to that money. They would have to show what they would charge someone to use one of their photos on their website.

It's not a criminal matter. It's just a civil matter so it has not nothing to do with a visa or immigration or a job.

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Customer reply replied 5 months ago
Makes sense.
If in few days if i receive a physical mailed letter saying the same as said in the email. Just stay quiet?Also in the mean while i will keep looking for websites, if they are selling the same image for cheep just to safeguard myself. TO prove the actual cost of image in case they want to take an action.
Customer reply replied 5 months ago
Also if after 14 days, if they send another more threatening email, keep quiet is what u recommend?
Lawyer: Debra, Lawyer replied 5 months ago

I would say you can answer, state that the photo is removed, it won't happen again, you have no funds and cannot pay them anything.

After that ignore them.

Yes see if they are selling this photo or a similar photo anywhere.

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Customer reply replied 5 months ago
Found the image.
Small sized image is like 175 CAD, Medium is 375CAD and Large is like 575CAD.
Lawyer: Debra, Lawyer replied 5 months ago

Good for you.

So I was right that they were not honest with the cost.

It also means that there is little likelihood they will pursue this further.

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