"we filed a copyright infringement against you for using our copyright protected images. Please be advised that you will be charge a "usage fee" in addition to possible court costs for every day you are using our images." I just get this massage from a guy. and i have a lot of pictures in my site so i don't really now which ones are his. any idea.
Wrong. He has to identify which are his so you can remove them. Any LEGITIMATE claim like that will give you a list of what they say is theirs. You then go in and remove them, or don't, and pay them. Just as I would have to supply that to Google, Youtube, Rapidshare, and MegaUpload. They also have to hit you with a legal C&D (cease and desist) or court order if they are claiming any 'damages'. Everything must be spelled out. I know this because I have went through this on both sides of the isle. They do not get to make such claims. Furthermore, if it's a false claim, you sue their ***. But do not just listen to all the internet esquires. Contact a lawyer.
ok but that is what they said when i asked them. "sorry, we will not spent any more time - you have stolen the pictures - so you have to remove them. We will file with court next week if not ALL our pictures are offline..." what dose this mean
First are you really using their images? or ss he just a kid trying to threaten you? You can send him a polite email but do not show fear asking him to list down the images. Since no Cease and Desist has been received, that guy may just be trying to pull a fast one.
i really don't know if i took from his images. but i think he is not a kid. cus he send me other info like his site name and his address
Still he needs to give you the list of images or how do you know which as you had said that you had a lot of images. Is yours an image site or just a normal web site? I think asking him to provide a list politely or there isn't much you can do unless you want to remove all your images. Let the Cease and Desist letter come no big deal. Normally for such cases the lawyers will contact you. Unless he cant afford a lawyer and try to intimidate you.
A lot of times you will get people who SCANNED, VIDCAPPED, or EDITTED a video claiming it's THEIRS. It isn't. Real companies, or copyright owners, have to prove 1. It's theirs. 2. Show it being USED without permission. People filing real suits will give you a list of the images. You can find this example on chillingeffects org or whatever it is on Google (it's been awhile since I checked it last). Before you can make claims in court, you have to show the offense. Which means examples. So either they have them, or they do not. It's always possible you got something from a third party, and could "not know". While not an excuse, they still have to verify the above.
yah i have a pics site so . i relay don't know what to do. and i asked him for the list and that what he replayed " sorry, we will not spent any more time - you have stolen the pictures - so you have to remove them "
Keep all the correspondence that you had with him showing that at least you try but he did not give you a list. Wait for his Cease and Desist, I would like to see if he didn't spend time checking how is he going to file a suit. Barefootsies advise is great and the web site has a lot of good information.
Then tell him to provide you with their lawyer's office name, and number. You'll contact them tomorrow, and get a list then. Or the court. Sounds to me like they are just threatening you. Real companies, and copyright holders provide links, or descriptions to whatever they are complaining about so you can remove them. They need them for court to show examples of what they claim is theirs.
i removed all the pictures that are related to his site if still taking action it will be against him because the other pictures i have prove that they are not his
I think you tried your best given that he is not cooperative, this is all you can do, don't worry too much. Let him takes the first move if there is any.
You did more than I would have. I've been through it before. You get a lot of jokers. Bravo on your cooperation.
"if there are any left you will get a notice from court." that is what i get last from him. any idea what should i do. or just wait and see what happens next.
I feel you have done enough, email him what you had done politely and professional and that's it. Court notice? Let him go through the procedures.
You went over and above without receiving a lick of documentation. Me personally? I would save all correspondance, and let him know I'd be, "waiting with bells on toots".
They're full of crap. According to their own sentence, they've already filed a lawsuit against you. No point in taking them down, you're being sued. Obviously not happening since it costs them tens of thousands of dollars to just enter the court room. They'd first threaten you legally. If you got a legal notice, you'd know it. You'd see an email address that comes from a legit business or lawyer firm. The language is much different. Take a look at the legal threats against the pirate bay. They have them up on your website. Those are what legal threats look like, and the owner of the pirate bay tells them to go fudge themselves. take a look
here is my idea. i will look and upload the same pictures from another site. and i just want to make him angry for doing that. if he said something, i can prove to him that his pictures is not only in his but in many web sites. if he want court i don't really mind.
Honestly if I were you, I would just ignore him and concentrate on building my web site my traffic and monetizing them rather than think of ways to make him angry which serves no purpose to you or him.