Statue of Limitations?

[Beescooter]

Hello, our (very)small business received the "famed letter", about 2 years ago - no cease and desist, just pay $1300. We instantly (same day) removed the single image, it had only been up for maybe a month or 2 at most. We believe we found it within the free images of a web-site template we used from Network solutions, but have not been able to exactly figure out where it came from. It was not on the getty website, we do not use their pictures. The demand letter was sent a couple more times, and than nothing for 2 years till this last month. We now have been contacted 2 times by phone (left a message with reception) this month and a letter in the mail from NCS Recovery. My question is, is there any "time limit' or statue of limitations on how long they can keep trying to collect this fee?

Secondly, we are thinking we should just ignore them. Any thoughts or comments would be helpful - although I see lots of valuable input from this forum; I found it today while researching and attempting to find a solution. THANK YOU VERY MUCH for the forum!!

[Oscar Michelen]

Normally, its three years.

[Lettered]

Hi Oscar,

If I understand correctly, damage amounts are also affected by the statute of limitations.  For example:
infringement starts in 2000
cease and desist in 1/1/2007 and image taken down
2007 - 2008 you get calls and letters trying to get you to pay
complaint filed on 1/1/2009

such a case, if sucessful, would only be eligible for 1 year worth of damages (the one infringing year in the 3 year period 1/1/2006 to 1/1/2009).

Is this correct?

[Oscar Michelen]

There is no need for them to send a cease and desist letter, so that would not effect anything. THerefoer you could be "on the hook" for three years of infringement.  You can try and argue that they could have found out about it earlier with due diligence to try and reduce the time period.

[Lettered]

Thanks Oscar,

You're right, of course, that the cease and desist isn't relevant.  The main point is that the infringment stopped at that point (image taken down).  From what Im reading on the internet, I understand that in the example I cited, the only damages would be for the ONE infringing year that fell within the 3 year window of the filing of the complaint (in most types of cases anyway).
 re:
http://williampatry.blogspot.com/2005/05/statute-of-limitations-part-one.html

apparently there is some controversy regarding this, but according to the link above the controversy is only due to people (probably laypeople like me ) mistinterpreting a particular court case.

Thanks again for the response.  Your work here (and patience) is very much appreciated!

[Oscar Michelen]

Thanks for the post and the info