Pixsy letter re use of photo on website demanding fee

[Ping922]

Hello everyone,

I am new here and need some help please.

I got an email from Pixsy regarding a picture on my website and demanding £750. long story for short, I contacted them asking if they could reduced the amount, but haven't heard anything from them, then I called today, after long time ringing, someone finally picked up the phone said will ask the person who dealing the case contact me, but no one yet.

Today is their payment deadline. Can I wait till they come back to me or do I have to pay today? I would like to ask some professional help, but I am not sure how much it would be cost. Can I get some advice please? Your help much appreciated.Thank you

[des8]

You might find this thread interesting: https://legalbeagles.info/forums/for...ve-commons-2-0

[Ping922]

You might find this thread interesting: https://legalbeagles.info/forums/for...ve-commons-2-0

Hello DES8

Many thanks for your help, I have read the thread already, but I have different questions and need help. Thank you

[des8]

Well in that case you will need to post up more information about your case and what you want

[Ping922]

Well in that case you will need to post up more information about your case and what you want

Thank you very much for your prompt reply.

It was an innocent error, but still my mistake, so I am willing to pay for it, but £750 is too much. I asked Pixsy to reduce the amount.


Today is their payment deadline. I am still waiting for their reply. So can I wait till they come back to me or do I have to pay today? Thank you

[des8]

wait for them to come back, and if you feel like paying (bear in mind the points raised in the other thread about the chances of them going legal) negotiate hard for a reduced fee.
No need to panic or worry about their threats if you never get proper court papers

[Ping922]

wait for them to come back, and if you feel like paying (bear in mind the points raised in the other thread about the chances of them going legal) negotiate hard for a reduced fee.
No need to panic or worry about their threats if you never get proper court papers

Thank you so SO very much. I was really worried it. I will wait for their reply, I also contacted the photographer, but he asked me to contact the Pixsy. Thank you !!

[Ping922]

Hello everyone, I sent a email to Pixsy ask if they could reduce the amount, as I am not in trading due to the Coivd, they read my emails, but till today they still haven't reply yet. 01 Jue was the dealine for the payment. Are they just playing games? Should I be panic?

Any help is much appreciated.

[des8]

No need to panic, ever!
The ball is in their court.
They haven't replied to your response, so leave it until they decide to respond, if ever

[Ping922]

Ok, Thank you, thank you very much ! !

[Celestine]

Do not worry about adhering to their deadlines. What exactly have Pixsy threatened they will do if you don't pay? Also, can you tell us where they are based as a company?

[Ping922]

They said:
Please note that this letter is a first step towards resolving this matter of unlicensed use, and that our offer to license Mr.xxxx’s image(s) for a fair fee is only available if this matter is resolved on or before Monday, June 1, 2020.

In the event that resolution with a license fee is not possible, our next steps are to forward this matter to a legal partner in your local area to secure the highest fees recoverable for copyright infringement. These fees include actual damages or statutory damages, and can include legal costs, expenses, costs affiliated with filing a lawsuit, and ensuing litigation. Fees recoverable in the event of copyright infringement typically far exceed the cost of an
initial license.

Pixsy has a strong history and success in the United Kingdom of bringing cases to the IPEC (Intellectual Property Enterprise Court) small claims court in matters where licensing of unauthorised use was not possible.

The address is:
Email: resolution@pixsy.com (please always reply to the original email thread and include the reference number)
Phone: +44 20 3807 4030
Post: Pixsy, 120 High Road, East Finchley, N2 9ED, London

[Ping922]

Do not worry about adhering to their deadlines. What exactly have Pixsy threatened they will do if you don't pay? Also, can you tell us where they are based as a company?

They said:
Please note that this letter is a first step towards resolving this matter of unlicensed use, and that our offer to license Mr.xxxx’s image(s) for a fair fee is only available if this matter is resolved on or before Monday, June 1, 2020.

In the event that resolution with a license fee is not possible, our next steps are to forward this matter to a legal partner in your local area to secure the highest fees recoverable for copyright infringement. These fees include actual damages or statutory damages, and can include legal costs, expenses, costs affiliated with filing a lawsuit, and ensuing litigation. Fees recoverable in the event of copyright infringement typically far exceed the cost of an
initial license.

Pixsy has a strong history and success in the United Kingdom of bringing cases to the IPEC (Intellectual Property Enterprise Court) small claims court in matters where licensing of unauthorised use was not possible.

The address is:
Email: resolution@pixsy.com (please always reply to the original email thread and include the reference number)
Phone: +44 20 3807 4030
Post: Pixsy, 120 High Road, East Finchley, N2 9ED, London

[Celestine]

See that's where they screw up. You cannot add legal costs to claims under 10k that fall in the small claims track, or certainly not enough to warrant serious concern. This rule is the same in the IP court as in the County Courts. I find it very troubling that these companies repeatedly threaten legal costs on top of the 'damages' when they have an extremely low likelihood of applying them to such a claim.
It doesn't mean they can't issue a claim, but they will struggle to inflate it much higher, which means you are in a much stronger position to negotiate a partial settlement if they ever reply.....

[Ping922]

See that's where they screw up. You cannot add legal costs to claims under 10k that fall in the small claims track, or certainly not enough to warrant serious concern. This rule is the same in the IP court as in the County Courts. I find it very troubling that these companies repeatedly threaten legal costs on top of the 'damages' when they have an extremely low likelihood of applying them to such a claim.
It doesn't mean they can't issue a claim, but they will struggle to inflate it much higher, which means you are in a much stronger position to negotiate a partial settlement if they ever reply.....

That is really good to know. Thank you very much !!

I also want to say that I am very lucky to have found this site and the Forum. I felt helpless and panic, when I was threatened and ignored, but I got help from here from the first post. Thank you everyone for the help!

How can I let others know more about LegalBeagles, I know there are many people like me need help. Thank you !