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

Discussion in 'Legal Issues' started by VisionMaster, Mar 24, 2021.

  1. JEET

    JEET Notable Member

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    #21
    @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.
    SEMrush
    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.
     
    JEET, Apr 20, 2021 IP
    sarahk, Agent000 and mmerlinn like this.
    SEMrush
  2. jrbiz

    jrbiz Acclaimed Member

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    #22
    If I could like your post, I would. :)
     
    jrbiz, Apr 21, 2021 IP
    JEET likes this.
  3. belfast

    belfast Peon

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    #23
    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/)
     
    belfast, Jan 10, 2022 IP
  4. mmerlinn

    mmerlinn Prominent Member

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    #24
    mmerlinn, Jan 10, 2022 IP
  5. sarahk

    sarahk iTamer Staff

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    #25
    That's one of the ugliest websites I've seen in a while. Given what lawyers charge per 15 minutes you'd think they would have a website that didn't look like it was put together by their gran.
     
    sarahk, Jan 10, 2022 IP
    JEET and mmerlinn like this.
  6. abcyesn

    abcyesn Well-Known Member

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    #26
    hahaha...
     
    abcyesn, Feb 2, 2022 IP
  7. publisher zippy

    publisher zippy Peon

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    #27
    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.
     
    publisher zippy, Jun 15, 2022 IP
  8. sarahk

    sarahk iTamer Staff

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    #28
    So which answers were unreasonable @publisher zippy?

    Are you saying we shouldn't pay because all the demands are cons?
    Or that there should be a statute of limitations on intellectual property theft?
     
    sarahk, Jun 15, 2022 IP
    jrbiz likes this.
  9. VisionMaster

    VisionMaster Well-Known Member

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    #29
    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.
     
    VisionMaster, Jun 16, 2022 IP
    sarahk, Agent000 and jrbiz like this.
  10. Erin T

    Erin T Peon

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    #30
    Your wrong and that is the truth.
     
    Erin T, Jun 28, 2022 IP
  11. sarahk

    sarahk iTamer Staff

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    #31
    It's not time to open a new chapter?
     
    sarahk, Jun 28, 2022 IP