Dear All,
we have received a notification from copytrack for an image asking for Image license (valid for 1 year from date of purchase)
389.59 €
Compensation costs (past usage)
350.00 €
( apparently owned by by WENN Rights International Ltd)
Now first thing I asked as usual
Please provide proof of Copytrack right to manage the Image. ( they have shown this of course)
Please provide proof of proper copyright registration and the chain of title for the Image.
Please provide a clear explanation as to how Copytrack or the alleged owner has determined the valuation of this image as being so far above comparable images.( they come up with soemthing sounds like a BS!)
Please provide sales data for the Image for each size and use. Please detail your costs incurred related to the pursuit of this case. ( not replied0=)
so far they keep asking please provide the licence for this image
and we replied numerous times
"Please provide proof of proper copyright registration and the chain of title for the Image."
and they keep avoiding this.
Last time i wrote to them today, as they keep asking ""We would ask that you now, considering these facts, provide us with proof of license so that we may review it and upon verification can then swiftly close this case.""
"Ok let me turn it around for you
I dont have licence, You prove to me why I should have a licence?
because your client tells you it is his photo?
Licence is only obtained if a copyright owner demands it. You cannot just say it is mine.
It is ridiculous!
Please provide copyright proof and the chain title for the image."
Am I missing something here?
Hakan Ozturk
Copytrack demanding payment for copyright infringement
Re: Copytrack demanding payment for copyright infringement
Hi Hakan,
No I don't think you are missing anything, except of course, the evidence of copyright ownership which you have asked for.
The way these companies operate is that they assume the people they contact are ignorant of their legal rights and so they (the claims companies) can just dream up any figure they like as the fee. Now while there is nothing illegal in asking for such a fee, however unreasonable it may be, that doesn't mean that you have to agree to pay the fee. You are only liable for damages equal to the amount which the copyright owner has lost by not selling a licence at the appropriate time. Thus you are perfectly entitled to ask for proof that Copytrack are working on behalf of the bona fide copyright owner, and for evidence of the actual market value of the licence. Unless the standard licence is only available as an annual licence (seems unlikely, but possible) talk of 'compensation for past use' is unjustified. If the standard licence is an annual one, then Copytrack need to show you the evidence they have that the image has been in use for x months/years and how they arrived at the past use figure.
From a little research it appears that Copyrtrack are notorious for not providing this basic information when asked to supply it, which suggests that they are very unprofessional, and that their demands should be treated with the utmost caution.
No I don't think you are missing anything, except of course, the evidence of copyright ownership which you have asked for.
The way these companies operate is that they assume the people they contact are ignorant of their legal rights and so they (the claims companies) can just dream up any figure they like as the fee. Now while there is nothing illegal in asking for such a fee, however unreasonable it may be, that doesn't mean that you have to agree to pay the fee. You are only liable for damages equal to the amount which the copyright owner has lost by not selling a licence at the appropriate time. Thus you are perfectly entitled to ask for proof that Copytrack are working on behalf of the bona fide copyright owner, and for evidence of the actual market value of the licence. Unless the standard licence is only available as an annual licence (seems unlikely, but possible) talk of 'compensation for past use' is unjustified. If the standard licence is an annual one, then Copytrack need to show you the evidence they have that the image has been in use for x months/years and how they arrived at the past use figure.
From a little research it appears that Copyrtrack are notorious for not providing this basic information when asked to supply it, which suggests that they are very unprofessional, and that their demands should be treated with the utmost caution.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007