Email wants £400 for unauthorised image use

[Mr Badger]

I've received an email from License Compliance Services [email protected]al in respect of a website I administer, asking me to prove that I have "a valid license(s) or other authorisation" for a particular image or pay them £400.

My first thought was that this was a scam. However, looking into it the image to which they refer does exist. It's actually in a pdf copy of a newsletter from 2009 that is hosted on "my" website. The guy that created the newsletter in question is unable to help as he apparently no longer has access to his emails from 2009, however we both think that the image and associated story were part of a press release that was sent out by an organisation for onward distribution and reuse.

Whilst I attempt to resolve this particular situation, it has got me thinking about wider implications:

If LCS can find an image in a fairly large pdf document dating from 2009, presumably they must be actively searching the web for images. I'm guessing there is no time limit or other restriction on this? Makes me wonder what other old images could be lurking out there that could potentially give rise to a claim...

If you are sent an image for use (say from an individual who claims to own it or as part of a news release) how can you prove in later years that you have a "valid license" especially if the email trail no longer exists?

Also, what happens with images that were used on the understanding that they were "free" public domain without copyright, if subsequently there is a claim that someone now owns the copyright?

For clarity, in the event that the £400 does have to be paid it won't be coming out of my pocket, so (fortunately) that isn't an issue here.

 

[Mr Badger]

I could be wrong but I don't think ignorance is a defence here. i.e. "We thought they were free use/public domain"

I doubt it is. Bit of a pain if the image was made available that way (either by email or on a website) and then years later you are told otherwise.

Also, what about images that get widely distributed as memes and the like?

 

[Mr Badger]

Are you able to link to the pdf in question? There are instances where a license isn't needed and depending where LCS is located it may be applicable.

Are you sure they have the power to act on the owners behalf?

First thing we did was to remove the image in question so it is no longer available to view.

No, I'm not sure whether LCS has the power to act here. They claim to be doing so on behalf of "Press Association Images" so I'm assuming they do for now whilst pondering the wider implications of this sort of activity.

 

[Mr Badger]

Here's the main block of text from the email:

Press Association Images, a global provider of digital imagery, has become aware of an instance(s) of its represented imagery being used on your company's website. Our records do not indicate that valid licensing has been issued to your company for the use of the image(s). If your company does in fact hold a valid license(s) for the image(s) in question, please provide any relevant documentation (valid license, purchase records, documentation of authorisation). We will review your documentation and update our records if appropriate.

This letter has been sent to you by License Compliance Services ("LCS"), a company that specialises in assisting copyright holders with the management and protection of their content. With regards to this case, Press Association Images has mandated LCS to resolve the matter of your online use of Press Association Images's imagery.

Use of imagery represented by Press Association Images without proper licensing is considered copyright infringement and entitles Press Association Images to pursue compensation for infringing uses (Copyright Design and Patents Act of 1988).

 

[Mr Badger]

Remove the image, ignore the e-mail, see what happens.

^^ not legal council

That is pretty much where it's at currently

I've made the people aware that I think should decide on legal action/paying the bill (if it comes to that) and will not be responding to the original email unless they tell me to.

This thread (as much as anything) is about the general issue here. You can receive an official press release, use the content (as clearly intended and in good faith) and forget about it. Then 7 years later get a demand for money because you (allegedly) are not licensed to use an image - how many other old newsletters, blogs etc. are out there on the internet that could fall foul of this?

 

[Mr Badger]

was the email sent directly to you? usually i think these companies would initially contact your hosting provider etc.

The email was sent to several of the contacts listed on the website that hosts the newsletter containing the image in question.

 

[Mr Badger]

Two developments on this:

1) An actual letter has arrived (dated 31 March 2016) asking for the £400 to be paid within 7 days

2) Contact has been made directly with the Press Association regarding the image and they have sent an email confirming that "whilst it was made available from PA via it’s wire and licensing services it appears the client had rights to distribute in a press release.

I have informed LCS of this discovery and the case has been closed with immediate effect and you should receive no further correspondence from them."

So hopefully that's an end to it. But let's be careful out there!