Received a copyright letter today

[yukii]

I put up a website about a year ago, and downloaded a photo from a free wallpaper site. Yesterday I received a email from a photographer stating I stole his photo. I checked on google image and their are about 100 site with the same picture. I notice this guy seems to upload his photos to fee sites, and then he goes after people you use his photos on their website. He said this is how he makes a living in a non direct statement. I told him I will take the photo down with was
a partial landscape of his original. He then said he wanted $3500 for the 1 years use, or then later $3500 for 5 years use and later $700 a year. I told him
I will take it down, and since I did not know who it belonged to I could not ask anyone, and I though the free download was ok to use.

He also said that he was watch my site since Oct. and was waiting to contact me. Seems like he waits till a site has used his photos over a year so he can extort more. Now he says if I don't pay him he will get his legal team of attorneys with 26 cases under them to sue my pants off for copyright infringement law.
Does he have any case at all. I did not make any money on his photo just used a partial for background on my site. To me this looks more like this job, the way
he puts his photo's all over the place waiting for someone to use?

[SoylentGreen]

Has the individual that contacted you shown any proof that he/she has properly copyrighted the image in question?

[yukii]

Well he  is a photographer, and its on his website, anyways I told him to talk to my attorney and took the photo down. Never herd back from him.

[Oscar Michelen]

This is new one on me yukii. I highly doubt he will pursue this, but if he does, i would ask him to send you proof of copyright registration.  If he cannot or will not do that offer him $50-$100 to go away (provided he will send you a general release).  I don't think he will sue over a single image particularly if he has not registered it. Please feel free to familiarize yourself with all the arguments posted all over this site, in videos, etc., with respect to Getty Images' demand letters to make you more comfortable dealing with him if he resurfaces. Good Luck and keep us posted

[SoylentGreen]

If this was likely to end up in court, I'd do some research.  Examine court records.  Check to see whether the "photographer" has sued several end users, but has not sued any of the sites disseminating his/her photo for free.  If this is the case, it could be evidence of a scam.  This evidence might be used in court to show that the photographer intended to entrap unwitting victims.

Keep in mind that a person can say that they are anyone on the Internet.  Is this person really a photographer?  I wonder if this person could come up with the original high-resolution version of the photo with all metadata intact.

SG