PicRights Too

[cowboyee]

I had originally purchased a URL in the event that I actually ever decided to have my own business (before someone else purchased it).  Of course having my own website, I wanted to learn how to use it an found an image I liked online that I honestly didn't think much of and placed it on this website.  Nowhere did I notice the image was for sale or such and as I mentioned, just didn't think much of it.  The website was very basic since the business did not actually exist.

So I received a letter from PicRights right before the holidays, which essentially ruined my holiday.  The letter stated the usual things I have seen on here, and stated I needed to immediately remove the image (which I did) and it would not be resolved until I also paid $1,000.  The letter mentioned the image was a "rights protected image" as well.  The letter stated they are representing Agent France Presse (AFP) and even mentioned Getty Images in one of the letters. The image sells for $175 on Getty.  I also checked and the image is not currently registered with the copyright office.  I have also since had the entire website deleted.

I have an uncle who is an attorney and is very familiar with copyright infringement.  He advised me upfront not to ignore the e-mails and to let them know the image in question was not used for commercial purposes, mention the fair-market value of the image being less than $50, and they would probably settle for $100 or so.  He also mentioned to keep pounding this in each reply.

Well, I have went back and forth with these people and they keep ignoring the fact that I mention this is not an actual business, nor has it ever been, and nothing monetary was ever gained, and any damages were limited to the cost of the image.  I also keep asking for proof as to when the image became a rights managed image, but my requests are ignored.  They initially reduced their amount to $750 and then to around $600.  Their latest e-mail stated they could not reduce the offer any lower, but I am not sure if this is true or not.  I have made an initial offer of $50 and another of $100 which both were rejected.  I have tried to be very professional and cooperative, but I do not agree that I owe the high amounts they have set or offered.  I believe since they are representing a client, they are expecting a higher amount.  I've asked them why didn't AFP try to contact me and try to resolve, maybe requesting the license or such.

I plan to make a final offer of $200, as I figured if a judge decided an innocent infringement occurred for non-commercial use, this is the minimum amount.  I am really tired of messing with this.  I was wondering, though, should I mention that I have received advice from a family member that is an attorney. Would that help or hurt?  And should I mention that this is my final offer, or just stop responding if they don't accept it?  I figured it would eventually go to Higbee, based on what I've read here.

[kingkendall]

I think you've done more than enough already.  You're post is a good illustration as to why it's a mistake to engage with copyright trolls in the first place.  This is not meant to criticize your actions.  You acted like a responsible person looking to do the right thing.  Unfortunately, copyright trolls are maggots and all your professionalism got you nowhere, did it?  What it actually did was alert the troll to mess with you more.  You weren't dealing with honorable people.  My advice would be not to engage with them anymore.  Read this forum and learn more. 

[cowboyee]

Thanks for the response.  I agree, I have tried to be very professional and cooperative.  I will appreciate everyone's opinions on this...

[Robert Krausankas (BuddhaPi)]

  Unfortunately, copyright trolls are maggots

An insult to maggots worldwide, at least maggots serve a purpose in the grand scheme of things..copyright trolls not so much.

[Matthew Chan]

I generally don't subscribe to saying something you don't mean.  Is your "final offer" really your final offer?  What if they came back with $250? Would you not accept it? If you would accept it, then your "final offer" wasn't so final, was it?

If you stop responding, you should be prepared for additional threats and intimidation. If you don't think you can handle the threats and intimidation, then you should try to settle because if it gets escalated to a lawyer, settlements become more expensive because they want their cut of the money.

And as a practical matter, if you are trying to settle, if you stick with $200, you are almost guaranteed a big fat NO. You need to offer more dollars if you are actually trying to ACTUALLY settle vs. playing around.

And if you are unwilling to go substantially higher, you are basically going to paint yourself into a corner. It will be unsettled and you can expect escalation.

Very few people are going to tell you what to do.  However, we can give you the pros and cons.

I plan to make a final offer of $200, as I figured if a judge decided an innocent infringement occurred for non-commercial use, this is the minimum amount.  I am really tired of messing with this.  I was wondering, though, should I mention that I have received advice from a family member that is an attorney. Would that help or hurt?  And should I mention that this is my final offer, or just stop responding if they don't accept it?  I figured it would eventually go to Higbee, based on what I've read here.

[opfor]

I find myself now in a similar situation with them also and feel it best to ignore. I'm just curious if anyone has had luck going this route, if so how long before the letters and emails stopped? I see where some folks give in and either buy the photo or make a settlement but would like to hear from anyone who did not.

[kingkendall]

Analyze the percentages.  If the percentage of settlements attained by copyright trolls is very low (getting low hanging fruit to cough up cash) Yet it's still lucrative enough for trolls to make it worth their while, then the overwhelming majority of people are in essence ignoring the trolls.  What does it mean?  Three years of getting emails, letters and maybe phone calls threatening to file suit in 15 days if you don't settle.  The deadline come and goes and the troll gives you a new deadline.  Some people can tolerate it because they have lives to live.  Other freak out and settle within the first deadline.  It becomes an individual experience.     

[cowboyee]

Based on your experiences, how honest do you think they are with their "final offer"? 

[Matthew Chan]

Not necessarily on PicRights specifically, but many "final offers" I have seen are actually not quite so final. The "finality" of an offer often depends on their assessment of the party and how close they think they are to settling a case.

Based on your experiences, how honest do you think they are with their "final offer"?