Hi there
I have received an email from Pixsy this morning stating "Pixsy acts on behalf of Mr.xxx as their authorized licensing and copyright agent. We have been notified by Mr. xxx that {my website} has been using their imagery without license or permission. Details of the unauthorized use are set out in the attached pdf documents ' Unauthorized Use Report' and 'Evidence Report'.
I have not yet responded or clicked any links in the email. The image in question is licensed to use for Canva Pro subscribers (which I am), providing you follow the one design licence terms and permitted use - https://www.canva.com/policies/onedesign/ - which I have. The permitted use point in question is this;
Online or electronic publications, including web pages, blogs, ebooks and videos, limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per Stock Media file where un-edited.
The image in question is fully credited to Mr xxx, has only been used once on my website, is un-edited and is 720 x 450 px in size. I have a screen shot of the image on Canva's site taken this morning, with the 'free for Canva pro' notice displayed.
How should I respond to Pixsy, if at all?
Many thanks
Jess
Pixsy and Canva
Re: Pixsy and Canva
Hi Jess,
Provided that you are sure that you haven't contravened any of the 12 Prohibited Uses of all Stock Media outlined on Canva's license terms, then it sounds as if you are not liable for any infringement as claimed by Pixsy. Even if somehow Canva have erroneously included the photographer's image among the items it makes available, your use would have been authorised by the Canva license and any dispute would thus lie between the photographer and Canva.
I suggest that you do check the attachments that came with the Pixsy claim in case they reveal some extra detail which you were not aware of. But having satisfied yourself that the claim does deal with the exact circumstances that you have outlined here, you only need to send a brief reply giving them the details of your Canva license and your Pro subscriber account. State that you have complied in full with Canva's license terms and therefore you believe you are fully authorised to use Mr XXX's image. If you get any further pushback from Pixsy, then I suggest you contact Canva and ask them to intervene as they also have a vested interest in getting the issue resolved.
Provided that you are sure that you haven't contravened any of the 12 Prohibited Uses of all Stock Media outlined on Canva's license terms, then it sounds as if you are not liable for any infringement as claimed by Pixsy. Even if somehow Canva have erroneously included the photographer's image among the items it makes available, your use would have been authorised by the Canva license and any dispute would thus lie between the photographer and Canva.
I suggest that you do check the attachments that came with the Pixsy claim in case they reveal some extra detail which you were not aware of. But having satisfied yourself that the claim does deal with the exact circumstances that you have outlined here, you only need to send a brief reply giving them the details of your Canva license and your Pro subscriber account. State that you have complied in full with Canva's license terms and therefore you believe you are fully authorised to use Mr XXX's image. If you get any further pushback from Pixsy, then I suggest you contact Canva and ask them to intervene as they also have a vested interest in getting the issue resolved.
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