This summer I got a demand for $850, and was rather surprised to find one of their images on my site. I treated it as a cease and desist, took it down immediately and let it fester, ignoring their first and second letters. When they finally provided an electronic demand with an email address, I sent them this:
Dear "License Compliance" Department:
We're aware of the law. The image in question was used inadvertently. Accordingly, we rather generously interpreted your reprehensible demand letter of July 10, 2013 as a "cease and desist notice" and immediately removed the offending image. Despite your carefully crafted text to the contrary, that is the extent of your available redress -- short of actually going to court and proving intent, damages, etc., etc. All that messy stuff known as "legal process".
We therefore advise you to revoke the demand letter, drop all other claims, immediately confirm that you have done so by electronic mail or letter, and permanently cease communicating with us on this matter. Alternatively, we will be happy to see you in court. You might want to consider your track record in these matters before selecting the last option.
Also, in the event that you should be so foolish to consider the balance in your entirely invalid demand letter as a legitimate business debt and refer it to a collection agent, we will bill you for every single interaction we are forced to undertake in dealing with them. Moreover should you default on our bills, considering our bills relate to the actual provision of services, we will factor the balance out to our own "outside representatives for further pursuit".
I am therefore delighted to attach our invoice (to date) for dealing with this matter. Invoices are due upon receipt. You will find that our methodology in calculating the amount due closely parallels the billing methodology described in your own communications. I am certain that any reasonable court of law will consider them as equally valid, if not superior, when we file our counterclaim.
I look forward to receiving your communication as specified above.
The attached invoice was for US$550, two line items for reading their letters at US$125 and one for reading and replying to their mail at $250. I got an automated reply acknowledging receipt. Perfect.
Today NCS IP Solutions sent me an offer to negotiate before they filed suit. My response:
I suggest you refer to our communications with Getty Images wherein we invite them to attempt such a suit, and include several other terms relevant to your involvement in this. Also you should note that pursuant to our communications with them, responding to this message has increased the total amount of our charges to them to a total of USD$800, plus tax. By distributing our information to a third party they have agreed to our terms, and as such the legal basis for our claim is considerably stronger than theirs. Further communications on this matter will push amount of our imminent counterclaim well above their claim, and I assure you we'll seek to not only have their claim dismissed, but we'll ask for full payment of our counter, and have every expectation that we'll prevail.
I advise you to obtain a copy and full understanding of our communications with Getty Images before responding.
You should also be aware that I'll be involving the Canadian Internet Policy and Public Interest Clinic in this matter. https://www.cippic.ca/en
I subsequently sent Getty another invoice for US$250, noting that their balance is now US$800. They sent another automated confirmation message.
One more letter and my claim will exceed theirs. Game on.
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