Question 1

Who is COPYTRACK, and are they legitimate?

Accepted Answer

COPYTRACK is a registered Legal Service Provider with the Court of Berlin, Germany. We are one of the world's leading rights clearance, digital licensing and copyright companies & successfully managed, licensed, and enforced over 1.000.000 cases of copyright infringement. Abroad, we work with a large number of law firms that specialize in copyright in the various jurisdictions.

Since many years, COPYTRACK has been helping photographers, artists, image agencies, brands and other content creators protect their intellectual property. Our mission is to support creatives and brands in safeguarding their work by clearing copyright situation and infringement, seeking fair compensation or offer subsequent licensing when necessary.

Question 2

Why did I receive this letter?

Accepted Answer

COPYTRACK does not act on its own initiative. One of our clients most probably found one of his images he holds rights to on your website, but could not find a license for it in his files. He therefore commissioned COPYTRACK to clarify the rights and we sent you an authorization request.

Question 3

Why didn't the original photographer or creator contact me directly?

Accepted Answer

COPYTRACK has been exclusively assigned by our clients to handle rights clearance for their cases. This means that all communication, including the settlement process, is managed through us on their behalf. If you have any questions or need additional information, feel free to contact us directly, and we'll be happy to assist you.

Question 4

What proof does COPYTRACK have that I used the image?

Accepted Answer

When accepting a case, we ensure that all necessary evidence is collected. This includes dated screenshots showing the image under your domain address, records from the web server, and the image URL.

Question 5

I found the images on the Internet - doesn't that mean that they are free to use?

Accepted Answer

Finding an image online does not mean it's free to use. Most images are copyrighted and require permission or a license. Using an image without proper authorization, such as a license or explicit permission, can lead to legal consequences. Some images may be available under specific licenses, such as Creative Commons, but even these often come with conditions, like attribution or non-commercial use restrictions.

Question 6

I credited the photographer - why is that not enough?

Accepted Answer

Crediting the photographer is a good practice but does not grant legal permission to use the image. Copyright laws generally require proper licensing or explicit consent from the rights holder, regardless of whether credit is given. Unless the image is explicitly available for free use under specific terms, using it without authorization can still lead to copyright infringement.

Question 7

I edited/cropped/modified the image – does it still count as copyright infringement?

Accepted Answer

Modifying an image—whether by editing, cropping, or altering it—does usually not remove its copyright protection. The original creator still holds the rights, and using a copyrighted image without permission, even in a modified form, can still be considered infringement.

Question 8

I removed the image after receiving the letter - do I still have to pay?

Accepted Answer

Yes, removing the image does not erase past copyright infringement. A Copyright infringement applies from the moment an image is used without permission, regardless of whether it is taken down later. Rights holders can still pursue compensation for unauthorized use during the period it was displayed.

Question 9

What happens if I ignore this letter?

Accepted Answer

Should you choose to ignore this letter, we will be left with no choice but to hand your case to our partner lawyers within your jurisdiction. However, please be assured that our primary goal is to reach an amicable resolution without taking legal action. If you possess valid permission to use the image, we kindly request that you provide dated proof of the license This will allow us to resolve the issue efficiently and avoid any further legal steps. We strongly encourage you to address this matter promptly to facilitate a swift resolution.

Question 10

How is the compensation requested by COPYTRACK calculated?

Accepted Answer

The compensation requested by COPYTRACK is calculated based on several factors, including the financial loss suffered by the rights holder and the profits they were unable to earn due to the infringement. It also includes investigation costs incurred to obtain evidence of unauthorized use. Key elements considered may include standard licensing fees, lost revenue, legal expenses, and any additional damages based on the nature of the infringement.

Question 11

Can I negotiate the fee?

Accepted Answer

Generally we are bound to our clients policies, but in certain we are open to communication and amicable settlement on behalf of our clients. If you wish to discuss the fee, we encourage you to reach out so we can work toward a fair resolution.

Question 12

Can I just buy a license now and not pay the requested amount?

Accepted Answer

Simply purchasing a license now would not retroactively cover past unauthorized use, making it an invalid license for the infringement period. You have two options: you can pay the compensation and remove the image, or you may obtain a one-year post-license, which covers past damages and allows continued use of the image for one year.

Question 13

What is the difference between post-license fees and compensation costs?

Accepted Answer

Compensation costs cover the unauthorized past use of the image, including losses suffered by the rights holder. Paying compensation requires removing the image.

Post-license fees offer an alternative solution, allowing you to legally cover past use while continuing to use the image for a specified period of one year.

Question 14

What happens if I refuse to pay?

Accepted Answer

If you refuse to pay, the rights holder may choose to escalate the case and refer it to our partner lawyers for further legal action. Please note that this could result in higher settlement costs due to additional legal expenses. We encourage you to address the matter promptly through us.

Question 15

Can I get legal advice before responding to COPYTRACK?

Accepted Answer

Yes, of course. You are free to seek legal advice before responding. If you need more time, please inform us, and we will extend the deadline for your case accordingly.

Question 16

My company isn't based in Germany, why COPYTRACK is contacting me?

Accepted Answer

As a German company, COPYTRACK operates under German law when handling authorization requests. However, if a claim is not resolved at this stage, we work with our partner lawyers in your jurisdiction to enforce our client's rights. This can often lead to higher settlement costs than resolving the matter directly with COPYTRACK.

Question 17

If I settle, will I get proof that the case is closed?

Accepted Answer

Yes, once you settle, you will receive an invoice and an email confirmation as proof that the case is closed.

Question 18

How can I proceed with the payment?

Accepted Answer

The most efficient way to proceed with a payment is through our settlement portal. After entering your case ID, you can choose from payment options including credit card, PayPal, or bank transfer. An invoice will be automatically generated at the end of the process.

Question 19

If, after making the payment, I will find the license, can I request a refund?

Accepted Answer

If you are unsure whether you have a valid license, we strongly recommend reaching out to us before making the payment to request an extension of the deadline. This will allow you more time to verify the licensing status. However, once the payment has been made, we are unable to process any refunds, as the case will be considered resolved at that point.

Question 20

What if I believe I have the right to use the image?

Accepted Answer

We are not accusing you of copyright infringement. Our goal is to verify whether the image is being used with the proper license. If you believe you have the right to use the image, please provide dated proof of your license. Upon verification, we will promptly close the case.

Question 21

Can I contact the photographer or copyright owner directly?

Accepted Answer

Please note that COPYTRACK has been authorized to represent our client in this matter. All communication must be conducted through our legal team. Our client has chosen not to engage directly and has assigned COPYTRACK to handle the case on their behalf.

Question 22

What should I do if I have a license for the image?

Accepted Answer

If you have a valid license for the image, we kindly ask that you submit your proof of license via our settlement portal or send it to our team by replying to the email. Please ensure that proof includes the purchase or download date to facilitate efficient verification.

Question 23

What if I bought the image from a stock agency?

Accepted Answer

Many of our clients work with stock image agencies (like Adobe, Getty Images or Shutterstock). If you acquired the image from a stock agency, you can provide proof of your license by submitting a screenshot of your subscription plan, your download history, or a copy of the invoice. This will help us verify your license efficiently.

Question 24

What evidence do I need to prove I have the right to use the image?

Accepted Answer

To establish that you have the right to use the image, the proof of license must clearly include the purchase or download date. This is essential for verifying that you had authorization to use the image prior to our initial contact. It can be, for example, an invoice, a screenshot of your download history or written permission confirming your license.

Question 25

What if I don't own the website where the image appeared?

Accepted Answer

If you are not responsible for the content posted, please provide us with the contact details of the individual or entity responsible, including their email address. This will allow us to address the issue with the appropriate party.

Question 26

My website was created by a third party - am I still liable?

Accepted Answer

Yes, as the domain owner, you are still liable for the content posted on your website, regardless of whether it was created by a third party. You should contact the person or company who created your website and request proof of license for the image. Ultimately, the responsibility for content on your site rests with you.

Question 27

I already deleted my website - so I still need to pay?

Accepted Answer

Yes, even if you have deleted your website, compensation may still be required. If you are unable to provide proof of a valid license for the image and have removed it from your site, you are still obligated to pay compensation to the rights holder for the unauthorized use in the past. The removal of the image does not absolve you of responsibility for the infringement that occurred prior to its deletion.

Question 28

How can I avoid copyright issues in the future?

Accepted Answer

As a general rule, all images are protected by copyright, and to use them under your domain address, you must obtain valid permission. To avoid copyright issues in the future, always ensure that you have proper authorization for any images or content on your website or other platforms. This can be done by purchasing licenses from reputable sources, using images with clear usage rights, or creating original content. Always verify the terms of use to ensure compliance with copyright laws.

Question 29

Where can I find copyright-free images to use legally?

Accepted Answer

You can find copyright-free images through reputable stock image websites that offer images under licenses allowing legal use. Many of these platforms provide images with creative commons licenses or royalty-free options. Some well-known sources among others include: Unsplash, Pexels, Pixabay. Additionally, be sure to review the licensing terms on each platform to confirm that the images can be used legally for your intended purpose, as certain restrictions may apply.

FAQs

Understanding Letter & COPYTRACK

Understanding My Alleged Infringement

Understanding Payment & Legal Consequences

Challenging the Claim

Preventing Future Issues