I got a C & D Email

[clown]

Hi, I got a C&D email for images, is that legal,never got one of these before. here is the email..website name,person name, ect. have been x'd out...

Dear xxxxxxxxx.com:

It has come to my attention that you have made an unauthorized use of my copyrighted work in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in 15-November-2005. Work located on your domain is essentially identical to the Work and clearly used the Work as its basis (Graphics and code). Several examples of this work, but not limited to, would include the the graphics stated below,

Several images found in the directory, http://www.xxxxxxxx.com/xxxxxx/ (Several of which my domain is located on the graphic, http://www.xxxxxxxx.com/xxxxxx/12101940.jpg )
http://www.xxxxxxxx.com/xxxxxx/01.jpg
http://www.xxxxxxxx.com/xxxxxx/content_bg.gif
http://www.xxxxxxxx.com/xxxxxx/middle_banner_comment.gif

As you neither asked for nor received permission to use the Work as the basis for the work on your site, nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by the 26th-Febuary-2006 indicating that you have fully complied with these requirements, I shall take further action against you.

Very truly yours,
xxxxx xxxxx
http://www.xxxxxx.com
Admin

 

[WhoDatDog]

Who does he think you are...some kind of clown?

 

[clown]

huh, not exactly the response I was looking for , but thanks anyway

 

[GiantDomains]

I don't get your post. Don't you know if they are your images are not?

 

[clown]

no, not mine, its just a script I purchased,I just never received an email like this before, does that sound legit ?
Subject of the email was "Cease and Desist"

 

[mark]

I think a standard disclosure on most reputable sites with images request that they (the site owner) be advised of any copyright infringements and most offer (in that same disclosure) to remove the image after notification to avoid these kind of problems.

 

[denny007]

I can not make amy judgment without seeing the work and alleged copy...

 

[DNGeeks]

You have two choices. Remove them or don't.

If you purchased a script that included these images then contact the seller of this script and ask him to verify that he/she owns the copyright.

I'm not getting down on you by saying this, but most of the users on the net seem to think that "amateur" images and video's aren't owned by someone. They "steal" this multimedia constantly without regards to penalties or knowledge of the law. In fact I recently went through a thread on WHT where I tried to point out what a user was doing is illegal and he acted like a 12 year old.

If they are not owned by you and you do not have permission then you cannot use them. If they were sold to you by duplicity then you have recourse.

The email also sounds like it was written by someone who is pretending to know what he/she is talking about. The "legalize" is just so horrible it could have been written by their 12 year old child.

 

[jberryhill]

The email also sounds like it was written by someone who is pretending to know what he/she is talking about.

It sounds perfectly normal to me.

If the OP doesn't know the provenance of the images that he's using, then it would certainly be prudent to disable the script pending an investigation of the claim.

 

[clown]

thanks for advice people.