Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
legally you have infringed the copyright but at this point its a practical matter of cost-benefit and negotiation. In most copyright infringement demand situations the IP owner will take less, sometimes much less, than the initial amount demanded, so I suggest negotiating the amount. Given the amount at issue a lawsuit is unlikely. I don't see any indication of "fair use" from what you have described, only that it seems the poster of the material was saying he had permission for his usage (but not that others could use it...and in any event that permission can only come from the owner).
Hello again....there's nothing wrong with taking your own photos of the patented product or its parts and selling them...its just illegal to make a product that falls within the patent. you don't need to focus on any "defense" just focus on the price negotiation because the rest doesn't matter much...but you can indicate you have limited funds, had no intention of improperly using the material (thought it was under fair use etc)