Intellectual Property Law

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We have received a letter from License Compliance Services…

Customer Question
Hello, We have received a letter...
Hello,
We have received a letter from License Compliance Services Inc stating:
----------------
October 10, 2016
Via physical mail and email
[Name & Address of our company]
Unauthorized Use of AUGUST Imagery - Reference Number: 5362-0282-7285 - Career Marketing Techniques
If this matter has already been resolved, please disregard this communication.
License Compliance Services (LCS) provides copyright compliance services to third party content owners, including AUGUST. We recently sent you a notice that imagery represented by AUGUST was being used on your company’s website; however this matter remains unresolved. Copies of our prior correspondence are viewable at the following links for your reference:
8/30/2016 https:[link to website screen shot]
8/30/2016 https:[link to website screen shot]
According to AUGUST records, there is no valid license issued to your company for the use of that imagery.
Use of imagery managed by AUGUST without a valid license is considered copyright infringement and entitles AUGUST to seek compensation for infringing uses (Copyright Act, Title 17, United States Code). The cost of settlement for past usage of the imagery on your company’s website is $2250.00.
The imagery as well as a screen capture of the usage found on your company’s website are included at the end of this correspondence, or can be viewed at: https://settle.lcs.global/536202827285
To Resolve This Matter - Reference Number 5362-0282-7285:
You are requested to take one of the following actions within 14 days of the date of this correspondence, as follows:
If your company possesses a valid license or other authorization for the use of the imagery, please provide license purchase and/or authorization documentation by visiting https://settle.lcs.global/536202827285 and clicking the “I have a license…” link. If documentation is verified by AUGUST the matter will be closed.
If your company does not hold a valid license or other authorization for the use of the imagery, please remove the imagery referenced at the end of this correspondence and remit the settlement payment of $2250.00. Please be aware that removal of the imagery alone will not resolve this issue; we require payment of a settlement for past usage even after you have removed the image.
You may have been unaware that this imagery was subject to copyright. However, copyright infringement can occur regardless of knowledge or intent. Being unaware of license requirements does not change liability.
If you would like to continue to use the imagery in question, if you have other requests in relation to this email, or if you believe you have received this email in error please contact us with your reference number 5362-0282-7285 at 1-***-***-****, or***@******.***. On behalf of LCS and AUGUST, thank you for your cooperation and we look forward to assisting you in resolving this matter.
Sincerely,
License Compliance Services
To learn more about LCS, copyright and this specific matter please visit: https://settle.lcs.global/536202827285.
This correspondence is without prejudice to LCS’s and AUGUST, rights and remedies, all of which are expressly
----------------
The images in question were on a website page the owner of Career Marketing Techniques was being featured. We shared the info from that page including the image on our blog. We did not knowingly violate a copyright and have not gained financially in any way from the image.
The image has been removed from our website.
The fee they are "requesting" is very exorbitant and seems like a scam or extortion.
What can we do?
Submitted: 1 year ago.Category: Intellectual Property Law
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Answered in 2 minutes by:
10/11/2016
IP Lawyer: Alex Reese, Lawyer replied 1 year ago
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified

hello

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IP Lawyer: Alex Reese, Lawyer replied 1 year ago

assuming you did in fact use the image, then this is a common scenario and it's a matter of negotiation and minimizing risk of a potential lawsuit. In most of these cases they want easy/quick money and they are willing to negotiate/settle at a price substantially lower than the initial demand, so if you want to settle the matter I suggest offering a lower amount that you can handle and stand firm on that (and if you follow up just indicate that's all you can afford)...and in most cases these guys either take it or just go away. In some cases you can just ignore them all together and hope to not get sued, and that works in many cases because they cannot sue everyone...but there is some risk there obviously.

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IP Lawyer: Alex Reese, Lawyer replied 1 year ago

this approach usually works.

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Customer reply replied 1 year ago
I'm thinking a letter from an attorney may help them make up their mind to take a lower amount. Do you offer this type of service?
Customer reply replied 1 year ago
A "licence" for this type of image is probably $10-$50 to begin with...
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

No this site cannot do that, but that is a good idea...on something like this though it's not required but if you can afford an attorney then you don't have to deal with it directly

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
I was under the impression I would be talking to an attorney that could possibly help me outside of this site, and this site would help me with contacting an attorney. We planned to respond of course, but using an attorney to do so.
IP Lawyer: Alex Reese, Lawyer replied 1 year ago

No, this site only answers questions and provides guidance, the experts here cannot do legal work and its not an attorney referral service

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
OK. Thank you.
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