Pixsy unauthorised use of image asking for £800

[redman101101]

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.

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

[Celestine]

Anyone receive a proper pre-action letter leading to a court claim.

[redman101101]

Hi,
Thank you for your help with this.

I'm presuming if this went to court it would go to the Intellectual Property Enterprise Court?

Is there anyway of checking if claims of image copyright infringement have been brought to the court?

[Celestine]

Unfortunately not, only significant cases are 'published' on websites like BAILII, low value disputes like this are highly unlikely to be recorded anywhere. However, we have pretty powerful SEO, we strongly believe victims in receipt of an actual court claim would come here for help, especially as our primary expertise area is litigation.
That has not happened yet, but if it did, consider the fact that the case is also defendable. Can they show loss and harm caused by this alleged breach? Can they show profit and benefit to you from the usage. The image was taken down at first opportunity and various other angles such as fair use etc.
In the meantime, please relax. Your questions will help others who read this thread, so this has been useful, but there really is no need to panic.

[redman101101]

A quick update:

Payment deadline has now passed. I received an email last week stating it has now been passed onto the legal team for review. Received an email from their legal review team (same email address) this week stating an extended deadline of the end of this week for payment or they state.......

"At this stage, we will expediently advise our client as to the appropriate next steps to take to resolve this matter, which will include our recommendation to immediately initiate legal proceedings in our Legal Resolution Program.
Keep in mind that the full value of imagery is much higher when we account for copyright infringement. In our Legal Resolution Program, we will seek the highest possible damages for unauthorized commercial reproduction of our client's work".

The image was used on a blog page of an online business but certainly was not used in a commercial capacity. Your advice from the start is to wait for a UK pre-action letter which is what I will do unless you advise different now? If I do receive the pre-action letter are you able to provide support for the response?

Thank you again for your help.

[EXC]

Received an email from their legal review team (same email address)

Fancy that.

In our Legal Resolution Program...

What on earth is that? It's not any legal term I've heard of. In fact I just Googled it and didn't get a single result.

It's just a hollow threat by people pretending to be 'attorneys' and hoping that they can scare you into paying, ignore it.

[Celestine]

Absolutely agree - this is a series of template demands and threats they will send, possibly for quite some time. Ignore

[redman101101]

UPDATE:

It's been over 4 weeks since their last email to me when they stated unless payment was received by the end of that week they would advise their client to initiate legal proceedings in their legal resolution program which the value of the image will be much higher when copyright infringement is taken into account.
I presume they would need to send a pre-action letter to initiate legal proceedings. Maybe as it's only been 4 weeks I would not have expected to receive this yet? Or they don't take any further action?

I will update the post as and when I receive any further correspondence or I will update in another 4 weeks if I've heard nothing.

[Celestine]

Yes they would definitely have to follow the pre-action protocol.

You will very likely get more letters, just keep us updated and don’t worry.

[redman101101]

UPDATE:
Still no further emails or letters from Pixsy. It's now been over 11 weeks since their last contact.
I'm guessing I would have heard by now if they were going to follow a pre-action protocol?

[MIKE770]

UPDATE:
Still no further emails or letters from Pixsy. It's now been over 11 weeks since their last contact.
I'm guessing I would have heard by now if they were going to follow a pre-action protocol?

Probably gone looking for the fairys in pixi land.

[Celestine]

UPDATE:
Still no further emails or letters from Pixsy. It's now been over 11 weeks since their last contact.
I'm guessing I would have heard by now if they were going to follow a pre-action protocol?

Good, hopefully this reassures you that this is a ‘system’ - replying and engaging only encourages them. You may still hear some more from them but just update us.

[EXC]

UPDATE:
Still no further emails or letters from Pixsy. It's now been over 11 weeks since their last contact.
I'm guessing I would have heard by now if they were going to follow a pre-action protocol?

Even if they issued a pre-action letter before claim it means nothing. Many companies use this tactic as an inexpensive threat but don't actually follow through with a claim.