I realize I tend to create really long posts, and not everyone wants all of the details. So I will try to keep it short.
What do I recommend you do? See: https://benjaminspider.com/copytrack-contacted-you-heres-how-to-respond-effectively/
Here is what I don’t recommend you do:
- Ignoring Demands: Ignoring legitimate copyright claims can lead to legal consequences, including lawsuits. Failing to respond might escalate the situation and weaken your position if it goes to court.
- Claim Fair Use (when it is not fair use): Fair use is a complex legal defense that depends on several factors, including the purpose, nature, amount, and effect of the use on the market. Misapplying fair use can lead to losing the case and incurring significant penalties. For an example of a bad faith fair use argument. read my piece on Franco L Maglio.
- Deleting the Image (and blocking archive.org) is called destroying evidence, and I should not have to explain why it is a bad idea.
- Legal Jurisdiction Immunity: I have heard some claim they can only pursue people in their own country, Germany. Which is not true. I have seen cases where they pursued people in the US (which they love suing people here)and other parts of Europe. A lawyer in Sweden had lost to them, and I will place the link to his article when I find it again.
- Buying the Image After the Fact: They will still pursue you for past usage. However, you might be able to argue for a lesser penalty if the cost to get a license from the source is significantly less than what they are trying to bill you.
- Following the Advice of So-Called Experts, Be cautious of individuals presenting themselves as legal experts. Relying on incorrect arguments, as seen above. They are not likely to face consequences along with you if they are wrong. One of which to avoid is targeting SEO, and offers to make a fair use argument for you.
Your email is confidential, unless:
- You threaten me. I document everything. Ask those who tried before how that worked out.
- You spam me. I will take a close look at your business (just ask Setupad how that went).
- You try to intimidate or manipulate me. Did you not read what happens when I’m threatened? I am the human equivalent of a honey badger with a keyboard.
All of the above = my source of dopamine.
People who waste my time will be fed to the Grumpiest Kitten Ever.
I can also be reached through my social media accounts.