Trunk Archive Infringement of Copyright letter

[HMC]

What is the name of your state (only U.S. law)?

Hi I am at the end of my tether, mainly as I made a stupid mistake on one image on my new website, it has only been live for about 3 months and I have been told this is irrelevant but I used an image on one of the pages which this company LCS is asking for money for usage for. I am a) horrified at the amount (638 us dollars- but also b) usually vigilant on these sort of things and do not "sneak" others work when I know how hard it is to work in this line of business. The site is not a majorly commercial one, and I would be considered a smaller teenier business as I dont make any money from it.. not even sure that is a business !! But I did put the image on public display. I live in the UK but the company is from US so I thought it may be helpful if anyone from there can offer any advice please. The problem is Im elderly and not as an excuse have no funds on the quantity they are talking about.... I do not know what to do or even where to start on this... if anyone can offer some help and I do understand the seriousness of it but just need some real supportive advice at this time as I am really so upset by it all Thank you for anyone who can help or have been where I am ...

 

[justalayman]

I live in the UK but the company is from US

the laws that apply to you would be UK law.

 

[quincy]

What is the name of your state (only U.S. law)?

Hi I am at the end of my tether, mainly as I made a stupid mistake on one image on my new website, it has only been live for about 3 months and I have been told this is irrelevant but I used an image on one of the pages which this company LCS is asking for money for usage for. I am a) horrified at the amount (638 us dollars- but also b) usually vigilant on these sort of things and do not "sneak" others work when I know how hard it is to work in this line of business. The site is not a majorly commercial one, and I would be considered a smaller teenier business as I dont make any money from it.. not even sure that is a business !! But I did put the image on public display. I live in the UK but the company is from US so I thought it may be helpful if anyone from there can offer any advice please. The problem is Im elderly and not as an excuse have no funds on the quantity they are talking about.... I do not know what to do or even where to start on this... if anyone can offer some help and I do understand the seriousness of it but just need some real supportive advice at this time as I am really so upset by it all Thank you for anyone who can help or have been where I am ...

If you published on your website a copyrighted image belonging to someone else, without a license from the copyright holder to use that image, the copyright holder is entitled to payment.

Trunk Archive is an image licensing company. You can perhaps negotiate the normal licensing fee for the image to perhaps lower the $638 amount demanded. But before negotiating any payment, you want to ensure that the image in question is actually an image Trunk Archive has rights to license and what the licensing fee is for that image.

Because you are in the UK, you will want to consult with an IP attorney in the UK. If you are sued for infringement (i.e., if you do not pay the amount demanded for settlement), it will be under UK laws that you will be sued.

I hope you have removed the infringing image from your website.

Good luck.

 

[single317dad]

The following website [search extortion letters] may be helpful to you. It provides examples of settlement demand letters from image rights clearinghouses, discussion of legal cases, and commentary. Be aware that the members there are very much anti-copyright-troll. There are other valid viewpoints besides theirs.

Quincy's advice to contact a UK IP attorney is the best; you will not find any better help anywhere than you will from them.

While image and other content theft is a real problem, I, as always, assert that blind demand letters are not the solution.

 

[quincy]

I saw that you posted, single317dad, but I don't see your post? Where did it go?


edit to add: Never mind. I see that it was edited and has now returned to its place in the thread.

There has been no indication that what was received by HMC was a "blind demand letter." It seems instead to have pointed out the specific image infringed. The normal licensing fee for use of the image can be looked up on the Trunk Archive site.

I personally avoid the "copyright troll" sites. I find little of value on them.

 

[HMC]

Thanks

Hi and thank you for your comments. I have read and done some investigating and some of the information offered has been invaluable. I received a copy of licencing from them giving Trunk Archive full licencing but it doesnt mention the company itself and I also have checked and the image is on the trunk archive site. I also have noted the letter head doesnt look particularly professional and now it makes me feel a little uncertain if they are in fact acting on behalf of the company they say they are. The problem is without prejudice I have used the image and yes it was removed on the same day as email arrived and from all my files on computer. I feel like paying them but dont want to foolishly do so, it just is worrying me and maybe time to get a lawyer but thank you for your advice much appreciated !

 

[quincy]

Hi and thank you for your comments. I have read and done some investigating and some of the information offered has been invaluable. I received a copy of licencing from them giving Trunk Archive full licencing but it doesnt mention the company itself and I also have checked and the image is on the trunk archive site. I also have noted the letter head doesnt look particularly professional and now it makes me feel a little uncertain if they are in fact acting on behalf of the company they say they are. The problem is without prejudice I have used the image and yes it was removed on the same day as email arrived and from all my files on computer. I feel like paying them but dont want to foolishly do so, it just is worrying me and maybe time to get a lawyer but thank you for your advice much appreciated !

You might want to have the demand letter and image licensing information personally reviewed by an IP attorney in your area, to determine better its legitimacy. If you have doubts that the letter is actually from the one who holds rights in the image you used, you should probably not pay anything until you have had this review.

If you do decide to pay Trunk Archive, after ensuring Trunk Archive owns the rights to license the image, you might be able to negotiate a lower licensing fee that more accurately reflects your limited use of the image and the lack of profits from your use, and that is based on your ignorance that the image was one that required licensing.

The fact that you are in the UK and Trunk Archive would have to sue you in the UK under UK laws for an award of damages to affect you, and the costs to Trunk Archive might preclude an overseas lawsuit, the attorney you see in the UK may suggest that you wait and see what Trunk Archive decides to do next before you respond.

Good luck.