Demand Letter Email from LCS Global/Nordic Photos

[hpreet19]

I am not just a newbie here but newcomer to this topic as well and came across this website when I researching the information about the letter I received from LCS Global. The email that I received states that Nordic Photos has mandated LCS to handle the matter of your online use of Nordic Photos’ imagery. They have included the copy of the supposedly Original image on the left and snapshot of my website on the right. They are asking to pay $660 for settlement in 10 days, which I do not think I should be paying without knowing if its legitimate claim or not.

We got this website developed back in 2012-2013 by a web designing company in India and which I called and confirmed about the source of taking that specific picture. They have mentioned that they obtained the picture from Free Wallpaper website, which they do it for their several other clients. The website they obtained the picture is http://safcomclub.com/cities-wallpaper-pack-01/

Before finding about the several similar issues on this website, I called the number listed on the email and asked them to provide me with the proof of copyright/registration, which they emailed me back the following:

“ Please see attached Rights Holder Form and Power of Attorney you requested.
The image in question is a rights managed images, which have a very restrictive licensing model that limits use of an image to the specified size, type of use, placement, and duration of use set forth in the license.  Rights managed licenses are not transferrable or shareable. That is to say, a specific license is required for the use of the image on any given website. Ultimately, the responsibility to settle this case lies with your company directly.
Images do not need or require copyright registration or notice of copyright in order to be protected. A copyright exists automatically from the moment that a photograph is taken. Federal copyright law does not require us to provide anyone with certificates of registration during an out-of-court settlement. We are attempting to settle for actual damages. Registration are not required with regards to settlement. However, should this case be escalated to litigation registration will be provided during Discovery. 
A valid license is required prior to publicly displaying any Rights Managed (RM) image on a website. You or your company does not have a valid license to use the images in question. All it takes for you to infringe is to post a rights managed image publicly without a valid license. And we clearly have proof the violation of the copyrights law occurred.”

They have included the as per say Power of Attorney which is not specifically showing LCS as the appointed attorney for Nordic Photos. Also they have sent the confirmation of rights holdership which shows a Sales Manager (with signature) confirm that the exclusive, worldwide right to license and distribute the aforementioned image has been conferred by the respective photographer

“January 2015
To whom it may concern.
Nordic Photos is an image agency founded in Iceland in the year 2000. Today we represent images from over 500 professional photographers along with dozens of other image collection in the Nordic region. These pictures are distributed online through our website as well as through over 80 distributers around the world.
Nordic Photos strives to protect the interests, intellectual property, and livelihoods of the contributors with whom we work, and for this purpose has mandated License Compliance Services/PicScout Inc. to handle copyright compliance on our behalf.
If you would like to settle a copyright infringement matter, please contact [email protected] or call +1 855 387 8725.

We have taken down the picture from our website immediately receiving that email. I went to Nordic Images website to see how much the picture will cost if we were to buy it. It shows €0.00. How are they determining the cost of putting that picture online? It’s not a celebrity’s pic. It is the skyline of a city, which this picture is available on numerous free websites as well.

I am on my third day since we received the email. What should I do? Your inputs and feedback will be highly appreciated.

[stinger]

I recommend that you google and read up on the Digital Millenium Copyright Act of 1998 - presuming you are in the U.S.  If you are located elsewhere, read the appropriate statute there.

I am a lay person, but these guys seem to be doing a really good job of talking around the law.  I find that untrustworthy.  My understanding is that one and only one entity may own or pursue the copyright of an image.  Unless there is a contract turning that ownership of that copyright over to this organization, the copyright rests with the photographer.  If they want to take you to court, they WILL need to produce that contract.  So why wouldn't they show it to you now?  You should ask to see it.

To file suit, I believe they need to register the image.  That would be the responsiblity of the owner.  You can still be found guilty if the image was not registered at the time you used it, but this is a hoop they must jump through before they can sue you.  For an innocent infringement, the court might only award them $200.  Costs to file the suit are above this amount.  So the odds are, they will not file.  They can, however, pester you for 3 years from the time they discovered the infringement.  So, if you choose not to pay them, give some thought to how you will deal with their pestering.

My personal experience is that the older I get, the faster three years goes by.  Once you stop letting them bother your conscience, they are doing all the work.  They also should provide you with a copy of the image's sales history to help prove their damages.  You could choose to just offer them $10 as settlement in full - or whatever number you deem appropriate.  Or you can just ignore them.  That's worked for lots of people here.

Before you decide your strategy, I recommend you spend as much time as you are comfortable with reading up on these guys and their tactics.  There is lots of good information in the Getty forum here.  Take it in bite size pieces.  Don't let it overwhelm you.  Nothing has happened.  All they are doing is threatening you.  You have nothing you must deal with until they file suit - which is highly unlikely for a $600 claim.

Good luck!  Share your experiences with others here on this forum.  It's a good way to "pay it forward".

[hpreet19]

Thank you so much for replying. Yes, I am in US and we used a company in India for the website designing.

I absolutely agree with you that if they are asking me to show the license if we bought one , they should also be providing the proof that picture was copyrighted in US as well as the proof of actual damages.

These are the examples of taking advantage of people who do not know the complexities of law and loopholes.

A question for my knowledge- how exactly they determine the amoung of damages it had costed them? Plus when the alleged image is available on numerous website without any copyright disclaimer, how do we find out where should we buy the license to use the picture?

I am really overwhelmed with all thats going on and being a busy person with my work and family, it is terribly disheartening to see people suffering emotionally n financially. Thanks again for your time to respond

[Robert Krausankas (BuddhaPi)]

a couple of comments and clarification..
DMCA won't apply to you, unless you have a registered agent and are an "internet provider" of sorts. Hiring an offshore development company would not apply. This is a major problem with these indian companies, they have no regard for copyright. Stating they go tthe image from a "free" wallpaper site and that they do this regularly is a very bad practice and many more of their clients will be in this same position.
In regards to filing lawsuits, the image does NOT have to be regisatered, however if it is not properly registered the amount awarded IF you lost would be much lower.

The amount they demand is likely pulled out of thin air, based on what they believe they can collct, no ryhme or reason, stinger is correct in stating that IF they filed suit, they may only "win" 200.00 which is far less than the cost to file in the first place, They would need to file in your home state, hire a local attorney etc. I highly doubt a company in Sweden will travel here to do this, and LCS which is actually Picscout, that is owned by Getty Images would not have the right to file suit, unless they have the exclusive rights to the image in question, which they probably don't.

At the end of the day, these are largely phishing expidiitons to see who will pony up cash without being educated, thats not to say I would ignore it, thats for you to decide, if it were me I would be naming and shaming the company, the photograper, picscout and getty images, and show them that I'm not putting up with any BS from them..keep reading, get educated, you have lots of options, including but not limited to filing complaints with the States Attorney General.

[hpreet19]

Thanks a lot Robert!

Please tell me what DMCA stands for. When I called the number in seattle office to show me the proof of copyright info and talked to the lady name Koleta, she emailed me a Power of Attorney and Rights holdership form as below:

Confirmation of rights holdership
The following statement is issued by Nordic Photos, Borgmästargatan 12, 11629 Stockholm,
Sweden, regarding the following image(s) Image: np07349946
I Hereby confirm that the exclusive, worldwide right to license and distribute the aforementioned image(s) has/have been conferred by the respective photographer.
This includes the exclusive rights to pursue all available legal remedies (e.g. cease and desist demands; information, compensation and reimbursement claims) in respect of any unauthorized use of the image(s).
As authorized signatory, I can confirm that requisite internal checks have been under taken to verify the accuracy of the above statement.
Signature
Printed name Kjartan Dagbjartsson Title Sales Manager

I am definetly going to contribute naming and shaming these companies and their wrong tactics to squeeze money from innocent people.

[Robert Krausankas (BuddhaPi)]

DMCA = Digital Millenium Copyright Act ( http://www.copyright.gov/legislation/dmca.pdf )

Im curios as to what "proof" they have that you infringed, if it is a screen shot from your site, that does not prove infringement, it only shows that the images appeared on your site, there are several ways of doing this without infringing.
Also even if LCS does have the authority to "enforce copyright" I highly doubt they have the authority to file suit, as they are not a law firm, but rather a room full of collection clerks.

I'll even go one step further..IF and thats a BIG if!) they were to file suit, during "Discovery" I would summons Kjartan Dagbjartsson to appear and swear under oath that he singed this "contract" I doubt he would travel to the states...heck like Getty told me when I supplied a license for my image " anybody could make that, this is not sufficient"..

I hereby demand you pay me 5 red herring because:

Confirmation of rights holdership
The following statement is issued by Nordic Photos, Borgmästargatan 12, 11629 Stockholm,
Sweden, regarding the following image(s) Image: np07349946
I Hereby confirm that the exclusive, worldwide right to license and distribute the aforementioned image(s) has/have been conferred by the respective photographer.
This includes the exclusive rights to pursue all available legal remedies (e.g. cease and desist demands; information, compensation and reimbursement claims) in respect of any unauthorized use of the image(s).
As authorized signatory, I can confirm that requisite internal checks have been under taken to verify the accuracy of the above statement.
Signature
Printed name BuddhaPi - Hater of Copyright Trolls

[hpreet19]

I received a letter by US mail stating the same thing. The title of the letter states First Notice.

Now they are trying to intimidate by sending actual mails too. Is this common to send mails?

[stinger]

Very common, because smart people stall by not responding to emails.

That First Notice thing is a nice touch too.  It feeds into the theme that there is a process they go through before bringing in the next step.  It can be very intimidating - if you let it.

[hpreet19]

I received a postal mail stating FINAL NOTICE PRIOR TO ESCALATION

Content of the mail is as follows:

" Further to our prior correspondence to you, we hereby reiterate that unauthorized use of NORDIC Photo's represented imagery is considered copyright infringement and entitles Nordic Photos to seek compensation for infringing uses.

You have previously been notified of this matter and to date, we have not received payment or any proof of the valid license.

Nordic Photos is willing to offer you one more opportunity to resolve this matter. Your failure to make payment immediately will result in escalation to our legal representatives and the possibility of legal action being commenced for damages exceeding the amount presently being offered by way of settlement. You are required to immediately remit the $660.00 settlement payment"


This is all crap and they are trying to pressurize the situation to make it look serious. We chose to stay quiet and ignore. Another thing to mention is that letter is addressed to my business name not to my name. Does that make difference or things any better? Thanks in advance!

[zazen]

Id personally roll over and go back to sleep...they ( all these trolls) play the same old tired game, always managing to bamboozle a few per thousand demand letters. For real, for that amount they ain't gonna do s#&