Good day,
I have an ecomerce platform and recently got an email about the use of a copyrighted image from a company called pixsy. I was unaware that the image was copyrighted and immediately removed it but after re-reading their message removal is not enough. They require payment to the approx sum of 600 USD.
The sum is to cover licensing fees for the use of the image.
My question is are they right? Can they demand this?
Any and all advice would be appreciated.
Copyright owners often demand a payment in instances of infringement. Typically, registered copyright owners are entitled to statutory damages of a minimum of $750 per instance of infringement plus fees and costs, etc. However it is possible to negotiate the amount for less depending on the circumstances. What is important is to ensure that you are dealing with the actual copyright owner/registrant/authorized representative.
There's a good chance that they are right - you should not ignore this. If they end up filing a lawsuit against you, REALLY don't ignore it. You may wish to talk to your own lawyer now to get a better idea of how strong their case is, or you could just try to negotiate them down to a lower amount so they will go away. If you settle, make sure the settlement agreement protects you from future claims. Again, having the advice of your own lawyer could be invaluable to decide your course of action, and to protect you from more claims and liability.
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