Pixsy.com email re use of photo on website demanding fee

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Worried
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Pixsy.com email re use of photo on website demanding fee

Post by Worried » Thu Sep 27, 2018 10:34 am

Hi everyone,I just joined your website for help, I recently got an email from Pixsy Case Management Team resolution@pixsy.com saying unauthorised use of mr xxxx image , they attach 2 pdf files about “ unauthorised use report “ and “ evidence report” , earlier in 2018 I set up a blog and used a picture I’d found using google images it was a very generic looking picture that I’d say isn’t a photo more a photoshopped image of some equipment, as its my 1st ever attempt at a website ..and ive had very few views I kind of let the site fade away as I moved onto other things.

Pixsy say… Note that a failure to resolve this matter of unlicensed use within 21 days will result in escalation to one of our partner attorneys for legal proceedings.
They give an address as Pixsy, 120 High Road, East Finchley, N2 9ED, London , when I used google maps/street view I get this location as a post office see https://www.google.com/maps/place/120+H ... 9447?hl=en

Now ive not responded to the demand of a sum of a bit under £300 ( wont state the price here in case that gives away my case to them should they read this) from the date on the email theyre giving me 3 weeks to pay up..now this looks like a scam to me but it’s a very good scam as details in the pdf include screenshots of my blog ( can I threaten them for copying my blog ! )

They say
In the event that resolution with a license fee is not possible, our next steps are to forward this matter to a legal partner in your local area to secure the highest fees recoverable for copyright infringement. These fees include actual damages or statutory damages, and can include legal costs, expenses, costs affiliated with filing a lawsuit, and ensuing litigation. Fees recoverable in the event of copyright infringement typically far exceed the cost of an initial license.
Pixsy has a strong history and success in the United Kingdom of bring cases to the IPEC (Intellectual Property Enterprise Court) small claims court in matters where licensing of unauthorised use was not possible.
Email: resolution@pixsy.com (please always reply to the original email thread and include the reference number) Phone: +44 20 3807 4030 Post: Pixsy, 120 High Road, East Finchley, N2 9ED, London

So does any one have any proof they will try take me to court ? are their any articles any one has found online etc where people detail themselves being taken to court over use of 1 photo found via google images ? ive found other internet articles re getty images using similar tactics but ive never ever heard of pixsy until this threatening email arrived
I am worried as although the sum may not seem a huge amount to any of you, I am out of work at the moment so the sum is huge to me !
They want payment sent to Bank: Bank of America,
101 South Tryon Street Charlotte, NC 28256, USA
Account Name: Pixsy Inc. Account Number: 898067630803 ABA Routing Number: 063100277 (paper & electronic) ABA Routing Number: 026009593 (wires) SWIFT Code: BOFAUS6S

Please offer me advice, at the moment im thinking to not reply to their email but then in 3 weeks time what will happen ? ive done a few google searches about this situation and found articles on copyright trolls ( which is what I would call them )
In fact I think I found this on your forum from may 2017 viewtopic.php?t=2067 I'm glad you've told us this letter is from Pixsy. They are recovery agents who tend to work directly with photographers to identify alleged infringing use of copyright photographs. They are based in the USA and have an office in Germany.

However unlike most picture agencies they are neither assignees nor exclusive licensees as far as copyright is concerned and that means they cannot actually initiate litigation for copyright infringement in the UK. Some people refer to such agencies as copyright trolls because they largely operate by demanding inflated fees from alleged infringers. They then keep roughly 50% of everything they recover. The UK courts have been fairly unsympathetic to such companies and methods in the past (see the Media CAT cases).

I strongly suggest you do not have any dealings with this company until you have obtained legal advice. And certainly do not make any admissions of liability. ( end of info i copied from copyrightaid)

If this pixsy’s firm has some algorithm to detect pictures on websites I am sure there will be a flood of people facing similar stress so please advise me asap
Many thanks

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AndyJ
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Re: Pixsy.com email re use of photo on website demanding fee

Post by AndyJ » Fri Sep 28, 2018 8:39 am

Hi Worried.

I don't think I can add much to what was said in the previous thread which you referenced. If you haven't already done so, make sure you remove the disputed image from your blog as quickly as possible.

While I wouldn't go so far as to say this was a scam, it certainly sounds like a money-making operation. That said, the £300 fee would not be excessive as a typical fee you might have to pay to use an image legitimately. And it is worth saying that, on the basis of what you have said about how you found this image, it is likely that you have unwittingly infringed someone's copyright. The Pixsy letter appears to identify the photographer (and presumed actual owner of the copyright). You could try to find this individual via Google and contact them directly to try arrange a more acceptable fee, especially since the period of use of the image is well under a year. But at a guess this individual may well be based outside the UK and so there is no guarantee this approach will work.

At the very least you should contact Citizens Advice and get them to advise on the best way of dealing with this claim.
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

Worried
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Re: Pixsy.com email re use of photo on website demanding fee

Post by Worried » Fri Sep 28, 2018 11:14 am

thanks Andy, the image was removed immediatly after i saw the email ( i honestly wonder if the said image is something this guy got parts of from google himself seeing as part of the image is identical to other generic equipment photos found on google images..meaning he well may have copied part of the image he claims is his ! )

ive used citizens advice in the past for something else and while the volunteers mean well they are bogged down with cases and gave very little help to me so i wont be contacting them but thanks for the idea.

i will let the 3 weeks pass and see what they do next.

yes the person who pixsy.com are claiming for live in another european country, after the 3 weeks depending on what pixsy say i may try contact the alleged copyright holder. I consider what theyre doing to be blackmail if not a scam.

ATMOSBOB
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Re: Pixsy.com email re use of photo on website demanding fee

Post by ATMOSBOB » Fri Sep 28, 2018 4:38 pm

" I consider what theyre doing to be blackmail if not a scam."

As a photographer I regard people who lift images off the internet without making any attempt to find the owner and pay them to be the true scammers.

Worried
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Re: Pixsy.com email re use of photo on website demanding fee

Post by Worried » Fri Sep 28, 2018 5:23 pm

i think were all victims of google to be honest, at the time i got the 1 picture from google images i honestly dont recall seeing any copyright notice ( maybe i was in a rush or more likely its in such tiny print my eyes couldnt see a thing ) does anyone know if in early 2018 google had a warning under each photo ?

either way photos should have watermarks on them,..anything google shows in google images people can easily take copies of. Photographers need to mark every photo they show on the internet clearly , maybe in the bottom right etc.

ATMOSBOB i put thousands of videos on youtube and i get upset when i find my videos have been taken and copied by someone for their youtube account so i fill in a lengthy form and get youtube to remove the "stolen " videos. i do not nor have i ever asked for money from the annoying people who sometimes do this. Demanding hundreds of pounds is just that a demand..i will not be paying up in my case unless forced to in a court, hopefully that wont happen but if it does i will make sure to inform as many media organisations as i can think of to expose this copyright troll company pixsy.com

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Re: Pixsy.com email re use of photo on website demanding fee

Post by ATMOSBOB » Sat Sep 29, 2018 1:02 pm

"either way photos should have watermarks on them,..anything google shows in google images people can easily take copies of. Photographers need to mark every photo they show on the internet clearly , maybe in the bottom right etc. "

Every single one of my infringements have been from printed material like books with my name clearly visible. When those images are put on the internet by an infringer there is no watermark. Did you really believe that the law says that images are free for the taking if there is no copyright information?

Worried
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Re: Pixsy.com email re use of photo on website demanding fee

Post by Worried » Sat Sep 29, 2018 4:19 pm

the point your failing to understand is that we all use google these days, and when they give us results eg for pictures no its not clear what legally we can and cant take. your mixing your experience with mine and its not helping, your talking about images copied from your books, but i am talking about google image search results, few people understand copyright laws. Keep the discusion in this thread about how pixsy.com operate please.

Nick Cooper
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Re: Pixsy.com email re use of photo on website demanding fee

Post by Nick Cooper » Sat Sep 29, 2018 6:39 pm

Worried wrote:
Sat Sep 29, 2018 4:19 pm
the point your failing to understand is that we all use google these days, and when they give us results eg for pictures no its not clear what legally we can and cant take. your mixing your experience with mine and its not helping, your talking about images copied from your books, but i am talking about google image search results, few people understand copyright laws. Keep the discusion in this thread about how pixsy.com operate please.
Just because a photo comes up with a Google Image search, doesn't mean it's copyright free. In fact, the vast majority of results won't be, and even if you specify "copyright free" or "public domain," it is still advisable to look at the actual source to determine whether it really is or not.

Worried
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Re: Pixsy.com email re use of photo on website demanding fee

Post by Worried » Sat Sep 29, 2018 11:23 pm

thanks nick, i wish Google had made this obvious at the time i looked for pictures to use on a blog

i will fight pixsy.com

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