Visual Rights

[Owzat]

I've received an email from Visual Rights about use of a photo without a licence on a website that has not yet gone live. I used a 'free' photo website on which it asks only that the photographer is credited where ever the photo is used.
Visual Rights have not said which photo.
Is it possible that this is a scam.

Any help would be greatly appreciated.

[AndyJ]

Hi Owzat and welcome to the forum,

Assuming the email is from the real Visual Rights Group, then I don't think this is a scam. A mistake, quite possibly. You say that they haven't identified the image but you seem sure that the image - even though it hasn't been identified - is one you got from a 'free' photo site. If you are right and the image concerned is one you obtained from a site like Flickr which only requires that the photographer is credited, did you in fact credit him/her correctly? This can sometimes be the reason for a claims company to come after you, namely an infringement of the photographer's moral right to a credit. Double check the credit and if you are sure all is correct, contact the photo website and if possible, the photographer and tell then what has happened. VRG can only act if they have been retained by the photographer or his/her agent to go looking for alleged instances of infringement, so if the photographer agrees that the image was made available 'for free' via the photo website, and you complied with the credit requirements, VRG have no basis for their claim and you can happily tell them to take a walk.

The other possible scenario is one we have seen occasionally, and this is where the photographer deliberately places his images on a free-to-use website and then waits for unsuspecting users to trip up over the correct form of attribution or Creative Commons licence, after which point third party companies like VRG can pounce and make a claim. Although this is technically infringement, it morally very unethical and what should happen is the user should first be prompted to rectify the mistake, and then only if they do not should further action be considered.

[Owzat]

Thank you Andy.
As I have downloaded some photos from 'Usplash' for use on a website yet to go live, i may have inadvertently downloaded one that needs a licence. As Visual Rights haven't sent a copy of the image they claim needs a licence, i have no idea whether I have or not.

Should I reply to the email asking for a copy of the image so that I can verify that it is one I have downloaded. Didn't want to get into a dialogue if it's scam. Not sure how to verify the email address.

[AndyJ]

I assume that's Unsplash. Yes, you need to find out exactly which image VRG are talking about, and what they are alleging as infringement. Since you haven't actually made your site live, at most you can only be responsible for copying an image or not providing an adequate credit. Looking at Unsplash's terms it looks as though a credit is optional, according to this from their license: "No permission needed (though attribution is appreciated!)"

[Owzat]

Found a blog site called Dreams Matrix and the owner apparently got a very similar email and he goes through it almost line by line showing how it's a scam.
There is a company call Visual rights Group who's Head Office is in Antwerp, with a an office in Kent, not in London which is the address on the email sent to me. Also on Visual Rights Group [Antwerp] website is the following message:
Warning - scam attempts

We have learned that phishers are sending out emails in the name of Visual Rights Group asking for payment for copyright infringements in crypto currencies.

PLEASE BE AWARE THAT VISUAL RIGHTS GROUP WILL NEVER ASK YOU TO SETTLE A COPYRIGHT DISPUTE BY PAYING IN CRYPTO COINS!

Crypto was one method of payment given in the email I received. So I think I can safely assume that the email I received is a scam.

thank you for all your advice it was really helpful.

[AndyJ]

Thanks Owzat, You were right to be cautious.