As I noted in a previous post about Copytrack.com, I realized I missed a key point in the articles. They determined how much you must pay them based on the ‘client’s license history’. But they do not provide that history. They want you to take their word for it.
So, for this short post, I wanted to share my thoughts on their email. Let’s take a look at their email:
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| Sent via email to *REDACTED* on January 11, 2024 |
Authorization request / Unauthorized image use – Case no:=
*REDACTED*
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| Dear *REDACTED* |
| We, COPYTRACK, are writing to you on behalf of our client WENN Rights International Ltd, whose license and image rights, limited to the territory of the Federal Republic of Germany, we are here to protect – abroad this is done by our local lawyer partners. Our customer has informed us that *REDACTED* is likely using an image without permission and has exclusively commissioned us with the clarification, administration of the image rights and, if necessary, the enforcement of any rights infringement. Images are protected by copyright law and infringements are actionable under national and international law. Please see the attachment below for details. |
| On behalf of our client, we must first determine if you have a valid license to use the images in question. If you have a valid license to use these images, please reply to this email and include proof of purchase and any other license information. |
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| Please respond to this letter no later than January 18, 2024.
If this is not the case, your use of the image material most likely constitutes a rights infringement on the territory of the Federal Republic of Germany – abroad, our local lawyer partners will check this – and you would then be legally obligated to compensate our customer for the damage caused by this rights infringement. |
| Rights holder |
WENN Rights International Ltd |
| Image found on |
*REDACTED* |
| Online Since |
August 3, 2023 |
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3 STEPS TO SOLVING YOUR CASE
In order to resolve this case amicably with you, we request your cooperation. Please complete the following steps to close this case:
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Check
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Proof
Show us proof of your license by uploading it, and if it is valid, we will close your case immediately;
If you do not have a valid license:
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Compensation / License
You now have the following 2 options:
- Option 1: Purchase of a subsequent image license (includes past and future use for one year after purchase).
- Option 2: Compensation (includes the previous use and requires the immediate deletion of the image).
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| Image license (valid for 1 year from date of purchase) |
293.29 € |
| Compensation costs (past usage) |
260.00 € |
| Payment is due by |
February 2, 2024 |
payments for both options can be made securely online at https://portal.copytrack.com by entering CASE ID *REDACTED*
We accept PayPal, credit card and bank transfer.
We calculate these fees based on our client’s license history, as well as the duration of use and type of rights infringement. Failure to provide a proof or pay for a valid license may result in your case being referred to our partner attorney and significantly higher additional fees.
To avoid further action, including legal action, provide proof of a valid license by January 18, 2024, or acquire it by making payment in our online portal. |
| Sincerely yours, |
Marcus Schmitt
(CEO) |
REMARK FROM OUR LEGAL PARTNERS IN THE US – APPLYING TO UNITED STATES CLAIMS ONLY
This case will not go away if you ignore it. Rather, it will escalate to litigation in which our partner lawyers may seek either our client’s lost licensing fee plus your profits from the Offending Use(s) (see 17 U.S.C. § 504), or statutory damages in an amount up to $150,000.00 in connection with the infringement at issue, as well as costs and attorney fees, assuming timely registration. Id at § 505. Moreover, 17 U.S.C. §1203(c)(3) permits our client to “recover an award of statutory damages for each violation of Section 1202 in the sum of not less than $2,500 or more than $25,000.” And under the relevant authorities, each copy or reproduction would be a separate violation. Our client will seek such damages through litigation should this matter not be appropriately resolved.
Please carefully consider this letter and the attached evidence and provide them to your insurance carrier and/or your attorneys. We look forward to a prompt response. We reserve the right to take any steps we deem necessary to protect our client’s rights. If we do not receive a response from you by the date stated, we will assume that you are not amenable to resolving this amicably and proceed accordingly. |
About Copytrack
Since 2015, Copytrack has been helping creatives and brands protect their copyrighted images. As one of the leading digital licensing and copyright agents in the world, we have helped manage, license, and enforce over 200.000 cases of image theft. Though most cases settle peacefully, we reserve the right to proceed legally where necessary through our global network of partner law firms in order to protect the intellectual property of our customers. |
Summary – Unauthorized use of the image – Case ID: *REDACTED*
For the full report, visit https://portal.copytrack.com and enter this CASE-ID *REDACTED* |
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Summary – Unauthorized use of the image – Case ID:
*REDACTED*
|
| Rights holder |
WENN Rights International Ltd |
| Image used |
 |
| Image found on |
|
| Online Since |
August 3,
2023 |
| Image license (valid for 1 year from date of purchase) |
293.29 € |
| Compensation costs (past usage) |
260.20 € |
| Payment is due by |
February 2, 2024 |
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They intentionally made this email to overwhelm the recipient. In addition, it’s redundant. It could be half the size, but it was intentionally redundant to be coercive.
- Total times it mentions providing proof: 4
- Total times it tells you to pay: 16
Since I am not a lawyer or a large firm, I would like to point out the following mistakes I found:
- Total spelling errors: 5
- Total grammar errors: 4
Which undermines their professionalism and credibility. But then again, so do their intimidation tactics.
Does Copytrack actually have a ‘client’s license history’?
The kink in Copytrack’s threat is the lack of proof. This is also why I think the email focuses more on payment through intimidation than asking for proof. The image they try to claim lacks details/metadata about the image itself. Creation date, author, and registration information are not provided to prove their claim. Curiously, Copytrack.com does not show you the data that determines how much you need to pay. If you have the rights to the image, you might have questions. If you own the image, you have to wonder who is profiting off your work. I certainly would. In my opinion, there are two reasons why they don’t show you the ‘client’s license history’:
- They do not want you to know where to get the image and how much it costs. So, you have no ground to negotiate for a lower fee and may end up paying a renewal fee for images that can be purchased elsewhere with no renewal fee.
- Given their history of accidents, they might not want to expose their clients when they are not the rights holders. It’s just a name, that’s all. If they provide the data that shows someone got paid for an image they don’t own, it will not end well. That way, they can easily claim a clerical error. But if that is your image, I think you might want to force them to provide proof or sincerely apologize.
But do they have a client’s history or any other records? I think that depends on what client files the claim and the number of claims they bring in. They likely don’t with the people who bring in the most claims, like WENN Rights International Ltd., which leads to their biggest mistakes.
Copytrack closed one of my cases when asked to provide proof
With one simple phrase, I got them to close a claim: Provide proof of ownership of the image. Which led to:
We have reviewed the provided information and decided to close the claim.
I provided only a request; perhaps I should have asked for the history of that image because Copytrack did not admit to a mistake.
![](3D"https://cdn.copytrack.com/hit/32716/f/5/f5e660eb0f56=)