Claims for use of images, the new scam

As is commonly happening, new business niches are always being found, and because there have already been a few people who have asked us what these emails that we receive from time to time in some of our emails referring to legality are about. of the photos and images that we have on our website, I am going to explain to you what the new "Copyright Scam" consists of, although I would rather call it legal phishing since, as far as possible, not all companies are bluffing, but rather some use legal loopholes to get us into trouble.

Americans call it “copyright Troll” and it has become fashionable in the USA.

What does a claim for images consist of?

A company acquires the rights to a very high volume of photographs, simple and very striking images, the kind that we all want to use for our blogs. They then create pages to market these images and set a price for their use. Up to this point everything seems normal, the curious thing is the price they set for the use of the photographs, which is usually exorbitant, absolutely out of place prices that a priori shock any visitor who sees them even if they know the normal prices of the photographs. .

The problem comes when they make sure that these images are very easy to obtain, particularly through Google Images, that is called casting the bait and from there all you have to do is wait for a blogger to take the photographs.

They have tracking software that detects that someone has copied one of their images and is using it on a website, they already have a prey in their sights. From here on, the harassment phase begins by sending emails signed by prestigious law firms (mostly American, although now there are many German companies that are also doing it) in which considerable amounts are claimed, albeit with some reduction. for prompt payment of the photos so that everything is legal, they insist until the unwary ends up paying through transfer or Paypal the supposed compensation for the unauthorized use of their photograph, believe it or not, people pay.

They are very good at harassment and above all persistent in their efforts to collect the amount they consider, whether by letter, emails to hosting providers and even calls. A whole battery of threatening communications in order to scare their victim. and get him to pay the compensation they have set.

Can they really do it, does the law protect them? 

Well yes, it is, technically they are based on the fact that you have used a photograph without the consent of the author or the owner of the rights and they demand compensation from you, which is set in accordance with one of the parameters established by the LPI or LOPD, which is the amount that it would have cost the company or person that has used it to pay for the use license.

From my point of view, it is not that it is unethical, but that it seems like another way of scamming. Our respect for photographers and all forms of intellectual creation goes first, perhaps what we complain about most at tecnologia.net is the fact that they use these legal techniques to take advantage of the system to try to enrich themselves in an unfair but legal way.

What do we do when we receive an email like this?

1-CHECK WHERE YOU GOT THE IMAGE:

It may be that you downloaded it from a page that offers photographs to be freely reproduced such as pixabay. In that case, read the terms of the license and if you are sure that they cover the use you have given to the image, you can go directly to step number 3. .

2.- REMOVE THE PHOTOGRAPH

If you are not sure where you downloaded it, delete the image and see step 3.

3.- Don't pay attention to them, don't answer their emails.

Do not answer their e-mails, and never acknowledge anything in writing, if they call you on the phone, hang up on them immediately, nor tell them that you have already removed it, nor ask them for forgiveness, nor ask them to reduce the amount of the fine. .

I am not a lawyer, nor do I intend to give advice about what I do not know, what I logically deduce are these points:

– They are companies that live off threats, and this is their business model, it is not based on suing people, it is based on scaring them and sometimes they succeed. Think that if they reported it, all the courts would be saturated with these practices.

– According to Spanish legislation, they would have to sue us in Spain, which they are not going to do, since it would not be worth it to them.

– It is true that the compensation is calculated based on criteria included in the Law, but it is also true that to demonstrate that the image is theirs and that we have been using it and that we have not refused to remove it, they would have a little left to beat us in front of a court. Is it worth it to you? Maybe I'm wrong but I haven't heard thousands of trials every day on this topic.

Step four, visit a lawyer.

If, like me, you have a lawyer friend, ask them what you should do. We are not responsible if you are fined after reading the post, I only advise, I do not have the absolute truth.