Unlicenced use of image

[Shampy]

Dear experts,

I got an email from a case management company about the use of an unlicensed image on a social website name is XXX

I talked to my team and found the account does not belong to my company and the account was not created using the company domain email address.

I don't know but one of my competitors does a lot of negative marketing so I feel he created the account, used my company logo along with the unauthorised images and my website's links.

The case management company wants to settle this matter and wanted me to pay $1000 for just an image. I personally don't feel, this is a valid case and they don't have strong proof that the XXX account is related to my company.

Please suggest what to do now.

Looking forward to hearing from you.

Thanks,

 

[quincy]

Dear experts,

I got an email from a case management company about the use of an unlicensed image on a social website name is XXX.

I talked to my team and found the account does not belong to my company and the account was not created using the company domain email address.

I don't know but one of my competitors does a lot of negative marketing so I feel he created the account, used my company logo along with the unauthorised images and my website's links.

The case management company wants to settle this matter and wanted me to pay $1000 for just an image. I personally don't feel, this is a valid case and they don't have strong proof that the XXX account is related to my company.

Please suggest what to do now.

Looking forward to hearing from you.

Thanks,

What is the name of your state or, if not in the U.S., what is the name of your country?

 

[Shampy]

I'm in California, USA.

 

[Shampy]

But my business is registered in Florida.

 

[quincy]

Thank you for providing the state names, Shampy.

If an image is used without authorization from the copyright holder and the copyright holder registered the copyright prior to infringement, the copyright holder is eligible to collect from the infringer statutory damages of between $750 to $30,000 per infringed work. If the copyright holder did not register the image prior to infringement, the copyright holder is limited to collecting actual damages and/or profits made by the infringer.

Sometimes these actual damages can be shown if the image has been made available for licensing - the damages would include the licensing fees.

Before a copyright holder can sue for infringement, the copyrighted work MUST be federally registered.

My suggestion is for you to respond to the infringement demand by first requesting proof of registration of the image. And you should seek information on the domain name registrant who is using your trademark, logo and the copyrighted image by doing a WHOIS search.

In other words, I do not recommend you pay what is being demanded of you by the copyright holder until you gather more information and investigate the claim of infringement.

You can show the demand letter to an attorney in your area to determine your best course of action from there. If sued, you will want an attorney to assist you.

 

[Shampy]

Thanks Quincy for the response.

Actually, they have the copyright proof but here are the problem is different.

The social website name is [name of website removed] and somebody took the logo from my website. The spammer also published content on medium.com and linked back to my official website.

Since it's a social platform and anybody in this word can take my logo from the website and links. Do you feel I should be responsible if somebody creates a fake account from my company name? Please suggest.

Thanks,

 

[PayrollHRGuy]

So you are using the copyright protected logo on your website? That is a copyright violation in itself.

 

[Shampy]

No, It's my logo and it doesn't have to do with copyright.

Let me explain you the complete scenario:

I got an email from a case management company about the use of an unlicensed image on a social website name is [name of website removed].

I talked to my team and found the account does not belong to my company Also the account was not created using the company domain email address but the account has my business logo along with my website links.

Since it's a social platform and anybody in this world can take my logo from the website and links. Do you feel I should be responsible if somebody creates a fake account on medium.com with my company name? Please suggest.

The case management company wants to settle this matter and wanted me to pay $1000 for just an image. I personally don't feel, this is a valid case . Please share your thoughts.

 

[PayrollHRGuy]

Sorry, I misunderstood your previous post. Of course, you aren't responsible if you had nothing to do with the posting of the protected image.

 

[FlyingRon]

Of course, you should complain to medium.com about YOUR copyrighted material (your logo) and other information appearing on their site. THe logo will typically go poof in short order with a DMCA complaint. They probably will act on the rest as well.

 

[not2cleverRed]

No, It's my logo and it doesn't have to do with copyright.

Let me explain you the complete scenario:

I got an email from a case management company about the use of an unlicensed image on a social website name is medium.com.

I talked to my team and found the account does not belong to my company Also the account was not created using the company domain email address but the account has my business logo along with my website links.

Since it's a social platform and anybody in this world can take my logo from the website and links. Do you feel I should be responsible if somebody creates a fake account on medium.com with my company name? Please suggest.

The case management company wants to settle this matter and wanted me to pay $1000 for just an image. I personally don't feel, this is a valid case . Please share your thoughts.

You do realize that use of your logo, etc., by someone other than you is also wrong, and that you can request that the site pretending to be you be taken down? I realize that it's a bit like playing whack-a-mole, but it has to be done.

I have found that searching for "copyright [platform's name]" leads me to their Copyright and DMCA Policy.

Inform them that among other things, the use of you company's logo is unauthorized, cc the party complaining about their copyrighted image being used - they've contacted you because this other site appears to be yours. The party protesting your alleged use of their copyrighted image is in fact doing you a favor - pointing out someone misusing your logo, etc.

 

[quincy]

The website you mention hosts a collection of stories from several different sources.

If I understand you correctly, one of the authors of one of the stories used an image to illustrate a story and the author used this image without authorization from the copyright holder.

The story with the infringed image is connected to you through registration information and it uses your logo and links to your website.

You received the infringement notice because someone used your information even though the author is in no way connected with you. YOU did not infringe on the copyright. Indeed, you are also a victim of infringement - trademark infringement - by the one who opened the fake account.

Is this correct?

If I am understanding your situation correctly, you need to track down the one who created the fake account.

You should have an attorney personally review and respond to the notice of infringement. You should not pay the settlement demand amount if you are not the one responsible for infringement.

The copyright holder of the image can have the image removed through the DMCA notice and you will need to work to have the fake account on the media site removed and closed.