PicRights Solicitor Letter Demanding Fee For Alleged Image Use

If you are worried about infringement or your work has been copied and you want to take action.
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AndyJ
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Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Post by AndyJ »

Hi rjran,
Thanks for the update.
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justacog
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Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Post by justacog »

Hi @andjy,

Your advice on this and other threads is incredibly useful, thank you. I wondered if you can advise on element of a notice I've received from PicRights:

I've received a reasonably gentle email from PicRights about an image on our website. The email states they want to ascertain that we have a licence, or to remove the image and contact them if we don't. There is no mention of charges at this stage (but I know that is likely to be the next step in the conversation).

The image is a low res shot of a conference in our building which we had as one of c.30 in our image gallery for potential hirers to view as an example of previous activity. It turns out the image is licensed by Reuters (the conference was a national news event at the time, some 12 years ago). We have removed the image from the corner of our very low-traffic website.

The image is also available though Adobe stock images, but with the restriction of 'Editorial use' only. If purchased through Adobe, Reuters need to be credited, so there seems little doubt as to who is the copyright holder.

I can see that Reuters charge c.£101.50+VAT? for digital editorial use (for 1 year?), and Adobe charge £39.99 for a standard licence or £120 for an enhanced licence, both giving unlimited web views. There is no indication how long the Adobe licences would be valid for.

I accept that we need to deal with this, and most likely pay a penalty based on what we should have paid. My question is, is editorial use the right basis to look at, and if not, what use, or figure, should we be looking at?

My initial approach is likely to be a mix of apology for alleged infringement, confirmation of removal, and poverty as a registered charity, rather than offering a sum, but I want to be one step ahead of their inevitable response!

With sincere thanks in advance,

Anthony
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Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Post by justacog »

Update to the above - I've just noticed a far from obvious ''payment' button on the webpage of one of the links in the email. PicRights are after £240 for use of the image, which implies to me that the actual rights were low, and/or PicRights have accounted for the very limited use of the image.
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AndyJ
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Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Post by AndyJ »

Hi Anthony,

I am a bit confused. When you say that PicRights are after £240, is that explicitly stated in the email? Given the rates you quoted from Reuters and Adobe, £240 does seem excessive. It's hard to tell if the use, as you describe it, is editorial. However assuming that it is, I think you should make an offer to settle based on the £39.99 fee, but be prepared to have to pay the higher Reuters fee if necessary.
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justacog
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Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Post by justacog »

Thanks Andy,
Thanks for your thoughts on this and I'll base a settlement on the £39.99 fee.

in case it's useful for others, here's the text of the email I received:

Image Licence Validation for Reuters News & Media Inc - Reference Number: xxx

Dear xxx,

As an introduction, PicRights provides copyright compliance services to third-party content owners, including Reuters News & Media Inc https://www.reutersagency.com/en/protec ... ht-rights/. We are acting on behalf of Reuters News & Media Inc to obtain compensation for the unauthorised past-usage of their imagery.

PicRights has noticed that Reuters News & Media Inc's imagery has been displayed on your website http://www.xxxx/. However, Reuters News & Media Inc has been unable to find a licence for this usage of their imagery by your company.

At the end of this message, we’ve attached a visual of the imagery and the use on your website we are referring to.

Our goal in contacting you is to ascertain that you hold an active licence for this use with Reuters News & Media Inc or with any other entity authorised by Reuters News & Media Inc to licence and distribute the imagery:

If you do have an active licence for the use of this imagery, we kindly ask you to send us your valid licence / authorisation, by visiting https://resolve.picrights.com/xxx and clicking the "I have a licence..." link.

If you do not have an active licence for the use of this imagery, we request that you remove the imagery from your website and contact us at ResolveUK@picrights.com
Please be aware that removal of the imagery alone will not resolve this issue and payment in relation to the unauthorised past-usage is required to resolve the matter completely.
We would like to resolve this time-sensitive issue as soon as possible and request that you respond within 14 days from the date of this correspondence.

We fully appreciate that this is a very difficult time. With that in mind, we would welcome the opportunity to discuss this matter with you, in the hope that we can achieve a resolution.

If you believe you have received this notice in error or have questions, please contact us with your reference number xxx at resolveUK@picrights.com.

Please visit https://resolve.picrights.com/xxx for further information about this matter.

On behalf of PicRights and Reuters News & Media Inc, we thank you for your cooperation and look forward to assisting you in resolving this matter.

Sincerely,


Clicking on the final link takes us to a page with boilerplate text, FAQs, and a button at the top marked 'Payment'. That in turn takes me to a payment page pre-populated with our details and the first and only mention of £240.
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Re: PicRights Solicitor Letter Demanding Fee For Alleged Image Use

Post by AndyJ »

Hi justacog,

Thanks for the extra detail. Good luck with your negotiations.
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