Pixsy unauthorised use of image asking for £800

[redman101101]

Hi,

I can see other posts on this website regarding this matter but I'm still unsure what to do.

My wife runs a small online business. I write a blog for it and for one blog I used an image that Pixsy claim is owned by their client and they act on their behalf.
I've obviously removed the image and have since removed other images I've taken from a google search on the blog. I search for free images but I have since learned this is not a good way of getting images. I've now removed all images from the blog I've used from the internet.
I've used the image innocently and did not realise this was copyright infringement.



They claim the license of more than £750 is based on a large image and commercial. Although the blog is on the retail website it's not used in a commercially profitable way.

They have my name as the blogger and our home address. I've not responded to the emails yet and I have another week to pay or they say they will take it further?

Is it worth paying, negotiating or ignoring altogether? The image is on their clients webpage and there is a photographer that is accredited for the photo who does work for their client. The photographer is on Linkedin. Should I contact the photographer direct?

Email copy below with some details omitted.


Unauthorized Use of ------------------- Images - Case Reference:

February --, 2022

Attn:

Pixsy acts on behalf of ----------------------------- as its authorized copyright enforcement and licensing agent. We have been notified by ------------- that, according to its records, --------------------------------- has been using ----------owned image[s] without permission or a valid license.

Details of the unauthorized use are set out in the attached documents 'Unauthorized Use Report' and 'Evidence Report'.

Immediate steps required to resolve this matter:

1. If you have a valid license or other authorization for your use of the imagery, please forward us a copy of this license and/or payment confirmation (by reply email) and we will review this with our client.
2. Review the details of case in the attached Unauthorized Use Report and Evidence Report
3. Refer to the attached FAQ if you have any questions about why you received this letter
4. Make payment of your license fee for your use of the images on or before

Payment can be made through our secure online portal at the following URL, and alternate payment options are available to you in the attached PDF:

Note that a failure to resolve this matter of unlicensed use within 21 days will result in escalation to one of our partner attorneys for legal proceedings.

We look forward to resolving this matter with you.
Kind Regards,
, Licensing Agent
Pixsy Case Management Team

--


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

[Celestine]

How are they meant to enforce this is what you need to be asking yourself?
"Note that a failure to resolve this matter of unlicensed use within 21 days will result in escalation to one of our partner attorneys for legal proceedings."

No they wont, because you cannot add legal costs to claims under 10k. Their threats are empty. Do not engage further unless a proper UK issued pre-action letter arrives.

[redman101101]

Hi Celestine, Thank you for taking time to reply. So you think I should just ignore the emails and wait to see if they take it further? If we ignore what is the worst case scenario for us? i.e costs, pre-action letter? Would we end up paying more after a pre action letter? Do you think they will continue to hound us with final notices before their threat of legal action or just proceed with legal action?
Thank you once again for your help.

[EXC]

Just ignore them. Responding will only encourage them. It's little more than speculative invoicing.

[redman101101]

I would add that they do have screenshots of the original image as well as the screenshots of my webpage along with timestamps for evidence. The screenshot is from last September . Report was put together in December and we received it via email mid Feb.

[Celestine]

These companies use an AI tool to hunt down alleged images breaching copyright. They issue thousands of automated notices and a decent percentage just pay up.
We've been covering this subject a while and I am yet to see a user return to report any further action. Writing back just seems to encourage them because they know they have worried you and you take the notice seriously.
This is a fairly complex area of law, your wife's blog did not profit from using this image, the entire event was an innocent oversight. The IP court costs rules are same as for the small claims track, so they cannot add legal costs to claims under 10k. This means their 'partner attorneys' (doesn't exist in UK) will not be able to recover any juicy costs....and that usually puts most lawyers off pdq!

Ignore unless you get a proper pre-action protocol letter and remember we've not seen that happen in the UK.

[redman101101]

Hi Celestine/EXC,

Thank you for taking the time to provide your help.

What's the worst that could happen if they do issue a pre-action letter? Would it still request the same amount or higher? What would be the worst case scenario for copyright infringement in relation to this image? Would I get a chance to settle at this point before going to court? Would I need a solicitor and what would the potential costs be?

Other posts of this nature appear to be copyright from a photographer rather than a publication like this ? Could that mean it's more likely they do pursue it with a big company name?

I've just received an escalation notice along the same theme as the other emails. See below.

Thanks again for your help.

Escalation Notice: Unauthorized Use of ’s Image

March 2, 2022

Attn:

This letter is our third attempt to contact you to arrange for a retroactive license fee to resolve Unauthorized Use Case . Please refer to the attached Unauthorized Use Report and Evidence Report for documentation of this usage and instructions to remit payment and resolve this matter immediately.

Licensing The ’s imagery for a fair license fee is set to expire.

In the event that resolution with a license fee is not possible, our next steps are to forward this matter to our partner attorney in your local area to secure the highest fees recoverable for copyright infringement and to commence legal proceedings. These fees include actual damages or statutory damages, and can include legal costs, court fees and other expenses.

Your prompt attention to this matter is appreciated.

Kind Regards,
Case Manager
Pixsy Case Management Team

[EXC]

Just ignore them, they're just trying scare you. Don't allow them to.

[Celestine]

Seconded.
But to reassure you.....

What's the worst that could happen if they do issue a pre-action letter? £800 + admin fee + filing fee (£200ish) (although they cannot add the court filing fee until they actually start the court claim)
Would it still request the same amount or higher? As above
What would be the worst case scenario for copyright infringement in relation to this image? The bogus amount they make up to allege damage caused. Seemingly about £800 + small claims track costs
Would I get a chance to settle at this point before going to court? Yes, that's the purpose of the pre-action letter.
Would I need a solicitor and what would the potential costs be? No, it is small claims track of IP court, under 10k value of claim no costs can be applied for lawyers/barristers, so you have to self represent and defend.

Other posts of this nature appear to be copyright from a photographer rather than a publication like this i.e NY Times? Could that mean it's more likely they do pursue it with a big company name? Doubt it and if so why are the claimed costs not much higher?

[redman101101]

Thank you very much for your help and support. I will keep you updated on this and see what the outcome is to hopefully help others in the same position.

[Celestine]

Thanks, please do. These threads on the Pixsy/Kodak One issues show up on Google when people receive these speculative invoices, the more we create the more people are aware of what to do.

[redman101101]

A quick update on their business location. It appears they use a virtual address and are not located in the UK. See photo. They are located in Berlin.
Their postcode and building number is a scruffy door to the side of a post office. The address is shared with many other companies. I'm not sure if this makes a difference but it certainly feels more like a money-making scheme than anything else. Id be interested which partner 'Attorneys' they use in the UK if any?!! I can't seem to see any cases in the UK they've followed through on by searching online.

[EXC]

Indeed and you have to question whether they in fact have any relationship with the New York Times. I doubt it.

[redman101101]

Hi EXC,

It appears they do -

Does this change things? Do you think I should still ignore?

[EXC]

Do you think I should still ignore?

Absolutely.