A letter recently arrived by postal mail, telling me that I had a copyrighted image on my Web site. Many companies and individuals use images on Web sites that they find online. Adding a caption that attributed the image to its source was not enough.
Today it was followed up by an email, below. I write analysis about the use of watermarks and fingerprinting to detect the use of copyrighted content, which I imagine was used in my case; so this incident brought it all home! Despite having taken the image down after receiving the initial letter, I still had to pay a license fee.
The moral of the story: Make sure you have clear rights (and license) before you use someone else’s content. Come to think of it, I would expect the same if it were my content.
October 5, 2016
Via physical mail and email
Advanced Media Strategies LLC
P.O. Box: 717
Ravensdale, Washington 98051
Unauthorized Use of (Name of the copyright holder) – Reference Number: XXX
(Our agency) provides copyright compliance services to third party content owners, including (the copyright holder). We recently sent you a notice that imagery represented by (copyright holder) was being used on your company’s website; however this matter remains unresolved.
According to (copyright holder’s) records, there is no valid license issued to your company for the use of that imagery.
Use of imagery managed by (this copyright holder) without a valid license is considered copyright infringement and entitles (copyright holder) 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 $xxx.
To Resolve This Matter – (Reference Number):
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 … (and) 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 $xxx.
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….”
(Further reference information followed, with a link to the offending image).