I am being sued for copyright infringement by photography company boxist.com

@VisionMaster
First of all, google does not gives you permission to download and use the image on your website.
They show you search results, with intent to take you to the website of the person from where google got the content.
They even have a copyright notice on google informing this.

What you did is something like this,
You found a nice painting in an art gallery, and because its free to "see", you took it off the wall, and left!
Do you understand the situation now?

Now, if the court letter is real, then you are in trouble.
You will need to hire a lawyer, and try to settle the case outside the court, by paying something.
Your lawyer will negotiate on your behalf, not you.
You will end up paying to the copyright owner, and your lawyer.

But first make sure that the letter is real.
Court letters are not sent in email.
They are delivered to your house, either by someone from court, or by police, and you sign for it indicating that you have received it.
Signing might be optional in your country, I don't know, but they are always sent in person, not in email.

If this letter is not real, then thank GOD that you have learnt a valuable lesson for free.
This could actually be a real life situation.
Stop downloading images from google...

If in doubt, talk to a lawyer, show them the letter, make sure its real, not a scam.

 

If I could like your post, I would.

 

You need legal advice from a solicitor. Eg. one that deals with Computer & ICT Law (https://madden-finucane.com/services/business-finance/computer-ict-law/)

 

And WHY would anyone want to take any legal advice from a door-to-door salesman?

 

hahaha...

 

CLEARLY, this is NOT the site to ask a reasonable question. As a publisher in the business for over 40 years this HAPPENS ALL THE TIME! Yes, you can't take images off the internet and think it is okay. It isn't, but in the last few years, money-hungry people/companies do NOTHING BUT SCOUR OLD PAGES LOOKING FOR COPYRIGHTS so they can blackmail you into paying them. The image in question is 11 years old and NOW they want TO SUE. The person SUING YOU MOST LIKELY DOESN'T OWN the copyright in the first place. All this for $200? Suddenly now that it was circulating everywhere, they want to sue. This image is on 17 pages of google listings....believe me, someone is digging looking for a big fish to sue.

 

I appreciate your comments and the help, and I am sorry for the late reply.

1- I didn't understand what I was being accused of and how serious it was and I thought that there was nothing to worry about.

2- The first cease and desist letter from the photographer was received by email in 2019, the second letter was received by both email and mail in 2020, and the court summons was received from the sheriff by hand in 2021.

3- Do Not Ignore a letter notifying you of copyright infringement, If you ignore it, the copyright owner who sent the letter will eventually file a lawsuit in federal court against you for copyright infringement. This action may not happen right away. You might even think you are out of danger. But even if a few years pass, you could still end up in legal trouble.

4- The amount of bad information that can be found on blogs and user forums is substantial about copyright, don't listen to those who are telling you to ignore it, make sure to only take advice from an attorney.

5- Downloading photos off Google Images and using them can get you sued, If you see a photo on Google Images or elsewhere contact the owner or the artist and ask for permission to use it, just because an image is on the internet doesn’t mean it’s free to use, and stay away from wallpapers websites because they will get you in trouble.

6- Yes, they own the copyright of the work and it's registered with the US copyright office.

7- I discovered that I have an insurance policy to cover such claims and the insurer has obtained counsel for me.

8- Statute of limitations is within 3 years from the time someone discovers about the act of infringement.

9- The copyright case was settled (with boxist.com photography / Mr. Sam Mugraby's attorney) after a long and exhausting year in court, and the case was dismissed after reaching the settlement.

I made a mistake and I have learned a valuable lesson, Unfortunately, the law isn’t very understanding of mistakes, and there’s a whole industry of lawyers out there that make their living off this issue, and they’re not swayed by the argument that you didn’t understand the law, or are sorry.

When confronted with a copyright infringement, your best option is to stop playing games and to hire an attorney and settle your case as soon as possible, the longer it takes to resolve things, the higher attorney’s fees will be.

And now it's the time to open a new chapter in my life.

 

Your wrong and that is the truth.

 

Hey there! Thanks for sharing your thoughts and advice with us. It's always important to take copyright infringement seriously and seek legal advice when necessary.

You're right that it's important to vet any demand letters you receive to make sure they're from a legitimate law firm. If they are, it's definitely worth taking them seriously and considering settling, as that may be the best move in that situation.

Tools like PicDefense.io can be very helpful in scanning your website and checking for copyrighted images automatically. It's a great way to make sure your website is in compliance with copyright laws and avoid any potential legal trouble.

To be extra safe, it's always a good idea to use images that are in the public domain, which means they are free for anyone to use without restrictions or permissions. Websites like Pexels and Unsplash are great resources for finding public domain images that you can use on your website without any worry of copyright infringement.

Thanks again for sharing your experience and advice with us, and best of luck moving forward!

 

Most of you people are cold and brutal. People make mistakes, not everyone is wired up in the same way, they don't prioritize things in the same order. It would be helpful to see the website and the image used before jumping to conclusions about how serious this was.

 

Said intellectual property being stolen, by the way...

A bank robber could make the same claim...does not change the crime...

 

Of course, good luck getting a law passed that says that you can steal other people's IP and use it for your own gain.

 

Hi again! I couldn't agree more with everything you've said. In fact, hearing stories like yours and going through a similar experience myself were the very reasons I was inspired to create a tool like PicDefense.io.

When you receive a demand letter, the first thing to do is verify its legitimacy. You can do this by checking if the law firm or the party that sent the notice exists and is reputable.

If the letter is indeed legitimate and you have unintentionally infringed on someone's copyright, often the best course of action is to settle as quickly as possible. Yes, it might cost you some money upfront, but the alternative could be far worse. Some copyright holders are prepared to invest a lot of time and money in legal proceedings to protect their work. These so-called "copyright trolls" can make your life quite difficult, dragging out proceedings and escalating costs.

Avoiding infringement in the first place is of course the best way to stay out of legal trouble. Regularly scanning your website with tools like PicDefense.io, using public domain or licensed images, and always respecting intellectual property rights are good practices to adopt.

But if you do find yourself in a situation where you've received a demand letter, don't panic. Consult with a legal professional, verify the legitimacy of the claim, and decide on the best course of action. Remember, ignoring the problem won't make it go away. It's better to address the issue head-on and resolve it as quickly as possible.

Thanks again for sharing your story and the lessons you've learned. It's an important reminder to all of us who operate in the digital world. Good luck moving forward!

 

Yet almost every avatar here including mine is probably a copyright infringement. ha ha

Most likely a scam honestly. Ignore until a real representative of the justice system contacts you.

By the way, nobody is going to sue you for $200. It would cost way more to get a lawyer than the amount they are asking for.