I received this email. My question is, do I have to pay or can I just take the picture down?
JA: What state are you in? It matters because laws vary by location.
Customer: I am in North Carolina
JA: Has anything been filed or reported?
Customer: here is the email nfringement of Copyright: Trinkhaus / TEFS (1-04244)
Dear Sir or Madam,I hereby notify you that the photographer Nico Trinkhaus, Berlin (www.sumfinity.com) has entrusted me with the representation
of its legal interests in this specific matter. In my capacity as attorney I hereby verify that I am duly authorized to act in this matter.In the name and on the authority of my client I must inform you of the following state of affairs:I.My client was made aware by www.photoclaim.com that you have published a photograph taken by my client on the website under the URLhttps://www.franzthebomb.com/travel-and-adventures.With this act of publication you have violated the copyrights of my client.The matter in dispute relates to the photograph reproduced in this letter which you are using in breach of the copyrights, with particular reference to the moral rights, of my client.Your website has been secured to the extent necessary for use as evidence in court and will be produced by way of such evidence in the event that you should contest the claim.No agency that my client works with confirmed a license purchase from your side. Should you have a valid license, please forward us the licensing agreement. Unfortunately you didn’t identify my client as the copyright owner as it would be due to any agreement.II.With the publication of the photograph you have acted in violation of the copyrights due to my client as holder of the copyright, in particular the right of distribution pursuant to section 17 of the German Copyright Act (UrhG), as well as the right to make works publicly available pursuant to section 19 a UrhG. There can be no doubt that the photograph is a copyrighted work within the meaning of the Copyright Act.
You are not entitled to disseminate the photograph, as you have done in flagrant disregard of the copyrights and moral rights of my client. The appropriation of third-party photographs without the consent of the rights holder represents a violation of copyright law. At no time did my client agree to the publication of the contested photograph in its present form.The deliberate act of incorporating the photograph into your website is sufficient cause for us to assert the contested use by you of the photograph in question. It has no bearing on the claims in the present matter whether the rights of my clients have been deliberately or merely accidentally violated. Instead, the sole focus of the present matter is on the fact that the photograph was used without consent in the manner described above.III.This infringement of my client’s copyrights obliges you to pay compensation in pursuance of section 97 UrhG.By the way of license analogy, you have to pay my client the usual licensing fee. To provide a high degree of transparency, my client applies the fees of the MFM-tables (Mittelstandsgemeinschaft Foto-Marketing) that represent an industry average fee and that are taken by the German courts to determine the fair compensation of a photographer. In your case this fee is:Online Use,
Worldwide reach (+120%)
Lack of indication of source (+100%)
792,00 €IV.According to the law you also have to reimburse my client for the costs incurred by my involvement in this matter through the reimbursement of the business fee pursuant to no. 2300 of the remuneration schedule (VV) appended to the Lawyers’ Remuneration Act (RVG), as follows:Value in dispute € 6,000
Sections 2, 13, RVG, no. 2300 VV RVG (sentence 1.5)
Flat rate expenses no. 7002 VV RVG
Total legal costs
V.You also have to pay for the cost of the documentation of the infringement, which is an amount of EUR 95.00. Our client has ordered the documentation service pixdetect UG to secure evidence usable in court. The documentation costs adequately represent a
JA: Anything else you want the lawyer to know before I connect you?