ghbowser Loc: Shenandoah Valley, Virginia

Our local trout unlimited chapter received a letter from picrights about aledged copyright violation on a pic of a chapter member on our website. Is picrights international legitimate and has anyone heard of or dealt with them.

newsguygeorge Loc: Victoria, Texas

You know, a Google search would have saved you the trouble of posting this question.

Here's the main search. You can then decide how to respond after looking through this information.

https://www.google.com/search?q=picrights+international&sourceid=chrome&ie=UTF-8

And here's a more definitive entry.

https://culture-fx.com/picrights-higbee-and-associates-extortion-scam-reviews/

ghbowser Loc: Shenandoah Valley, Virginia

[quote=newsguygeorge]You know, a Google search would have saved you the trouble of posting this question.

I did Google it before I asked the question. Was looking for some advice or help instead of criticism.

larryepage Loc: North Texas area

[quote=ghbowser]

There are some additional sites that have suggestions to deal with these folks...first is to verify whether the image that they are claiming is actually the image that you used. Apparently they use a webcrawler to identify possible offenders, and they are not always accurate. Second is to reply with a request to show evidence that they registered the alleged offending photograph. They then go on from there, as necessary.

While the approach may be unsavory, the job they are doing is, at its heart, is based on potentially legitimate claims, so I question calling it a scam. Keep in mind some of the other discussions that have gone on here from the perspective of photographers hoping to protect their images. At best. it could be an ongoing nuisance once they get hold of you, and at worst, once they turn things over to a collection agency (apparently part of their mode of operation) it could impact an individual's or organization's credit rating.

It is clear that they consider that removing the offending image does not clear the problem...they will still make a claim on the time that the image was used. So it seems to me that the first step is to verify that there has been no offense, then perhaps to contact local law enforcement.

ghbowser Loc: Shenandoah Valley, Virginia

[quote=larryepage]There are some additional sites that have suggestions to deal with these folks...first is to verify whether the image that they are claiming is actually the image that you used.

Your advice is much appreciated. Thank you.

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

[quote=ghbowser]

They are a scam. Sounds like a letter from a copyright attorney. It isn't. This is a copyright troll. And bottom line, if they refuse to produce evidence of registration and infringement, and proof of ownership, then there is little they can do. Legitimate copyright claims against a small alleged infringer usually comes in the form of a cease and desist. They are not looking for a huge settlement. These trolls are banking on the fact that you are scared enough to pay what they ask, or at the very least try and negotiate a settlement. The internet copyright equivalent of an ambulance chaser.

https://heitnerlegal.com/2021/07/31/how-to-properly-deal-with-a-picrights-copyright-unlicensed-image-letter/

MDI Mainer

Money damages are only available if the copyright to the image has been registered with the copyright office. Absent registration, the only legal remedy is a "take-down" letter under the DMCA.

So my first response would be to demand proof of registration.

ghbowser Loc: Shenandoah Valley, Virginia

Thanks everyone for you response and advise. I have sent it on to the rest of our board of directors.

CHG_CANON Loc: the Windy City

Did you also ask the chapter member to 'prove' the image is theirs? I agree with the comments to pushback to this troll to prove their claim, but if you have a member posting unoriginal work, you have a laundry list of corrective actions to consider.

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

I once received a similar letter from a local attorney that claimed that a photo of a woman in a ski area advertisment was one that I took 20 years earlier of a woman that I never published not were the negatives ever out of my control. I demanded that the attorney produce proof that the woman making the claim was in fact the same one in the picture - aka a model release from the company that produced the ad. Never heard back. But I knew the truth and had the facts.

Manglesphoto Loc: 70 miles south of St.Louis

[quote=ghbowser]

The second link in Newsguygeorge's post should have given anyone reading it a clue.

via the lens Loc: Northern California, near Yosemite NP

Be very careful with this as I know someone who got such a notification, not sure of the company, got scared and paid them a few thousand dollars on to learn later on it was false.

JohnSwanda Loc: San Francisco

I've always heard that you can sue for actual damages with unregistered images but punitive damages require registration.

larryepage Loc: North Texas area

Anybody can sue just about anybody else for just about anything. Prevailing requires being able to produce some evidence.