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Messages - JustMax

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Getty Images Letter Forum / Re: Email from PicRights.com
« on: June 24, 2018, 10:47:27 PM »
I too received one of these emails from PicRights (with a Canadian Address) demanding $280 for the use of a photo I had on my website for approximately 8 weeks (I took it down immediately upon contact).  I did not know the image had a copyright and saw it on literally 40 blogs, so I incorrectly thought it was a public domain photo.  Not an excuse or defense I know, but copyright information doesn't appear to be easy to find.

Anyhow I've actually corresponded with and even offered to settle for a pro-rated about of $60, what I felt was beyond fair. They offered discounts of $200 and $180, but repeatedly declined my $60 offer (I started at $25).  I know that $280 seems like such a low amount, but my business is very small and barely makes $280 a year, certainly not enough to pay $280 for one year's use of a photo.  Not that it matters, but I am disabled athlete and I run my LLC as a means to fund my athletic competitions and making the Paralympics in 2020. My website looks like this big e-commerce site but it just isn't.... Not at all! (But I am guessing that's why I was targeted?)

I was so flustered in receiving the email that I didn't even realize the page they had found it on. I thought I had put the picture on my blog and was explaining how few people have visited the blog since its been up, claiming fair use and they still declined my offer to reduce. 

The thing is, I had the photo on a sales page  where I display two different products that I sell on my site. I can prove that I have never sold one of these two products on my site. Through Google Analytics I can actually prove that exactly 0 (zero) people have visited the page with the photo on it since I created it. So there are no damages, no one saw it other than their sophisticated software crawling bot.

My question is in declining my offer to settle they are referring my file to outside counsel, what do I expect next?  If this was truly a scam, why wouldn't they just take my $60 and run?

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