I am getting sued for stealing a picture

Yes I posted my real name because I figured it's more professional. imagine people want to write me a check. I tell them to make it payable to Joe. They are going to be asking why is your name Kevin on your website? who is Joe?
To make matters worse, my domain registrar has my real name. my host has my real name. There is no denying that this website is mine.
You put a author name on a website and reveal real info only to customers. Tell them the name on the website is your associate.

Also, I don't use real name on domain and host. No problems so far. Are you in a third world country or not?
 
You put a author name on a website and reveal real info only to customers. Tell them the name on the website is your associate.

Also, I don't use real name on domain and host. No problems so far. Are you in a third world country or not?
usa
 
A long time ago I copied a picture from a website to my website. There is nothing special about the picture. It was taken by an amateur photographer. imagine you are walking down the street and you take a picture of a parked honda civic. That's how boring and stupid the picture is. Now I got a letter from a law firm with a complaint. It's not a threat to sue, I am actually getting sued. I am freaking out. How much am I looking at here? Are we talking like $1000 or like $100,000? How are damages assessed in these situations? What are the damages really? so I copied a picture. so what? How is the photographer damaged?

Respond with suing them back and ask for the jury. They will most likely either retract or call you for settlement. Agree to pay $100, if they won’t accept go to trial. Judge will never make you pay $100k, the jury in 90% of cases will side with you rather than a company trying to sue you.

I wouldn’t worry about it at all.
 
GPL has nothing to do with themeforest.
All WordPress themes and plugins offered to public free or paid are automatically GPL licensed, that is what developers are bound to when using the WordPress framework. No one can build themes or plugins for WordPress without that license according to WordPress terms.

Regarding your image problem, why on earth did you take a image from someone, when there is a lot of free image sites like Unsplash and so on that have a huge amount of images you can use for free.
 
Let them sue! A law suit isn't successful unless you pay which I wouldn't do.
 
They probably would settle out of court... ask them what it would cost to make that go away if you are willing to remove the image(s).
 
Respond with suing them back and ask for the jury. They will most likely either retract or call you for settlement. Agree to pay $100, if they won’t accept go to trial. Judge will never make you pay $100k, the jury in 90% of cases will side with you rather than a company trying to sue you.

I wouldn’t worry about it at all.
sue them back for what? you need a reason to sue someone.
 
sue them back for what? you need a reason to sue someone.

It is called counterclaim.
If you don’t believe you got a reason (or balls) just pay $100k back.

I think everyone always got a reason. Ask Deleted member 752298.

It would be very long process. It will take 6-12 month just to get a reply from them.
 
Is it a commercial site? Could you respond and say the site is not making money, and you'd be willing to pay them a license fee of say $100 and they choose if they want you to remove picture or attribute photo to the owner as well as a ******** link to owner's website.

Is the original site still up showing the photo?
 
How do you know it's real and not just someone random trying to fake a sue letter to make quick money? I never experienced this so not sure what makes it real or not, but I've heard of people sending fake emails/letters to get some cash fast.
 
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sue them back for what? you need a reason to sue someone.
sue for malicious intent
Take a look at these previous court cases where similar issues happened
https://www.bbc.co.uk/news/business-53998711https://www.abc.net.au/news/2015-08...ts-photographers-thousands-of-dollars/6695906https://www.dpreview.com/news/56763...1-billion-over-alleged-copyright-infringement
In the United States, fines can reach $150,000 (£115,000) every time a picture is used the wrong way.
If it ever goes to court, it can go really any way possible.
 
It is called counterclaim.
If you don’t believe you got a reason (or balls) just pay $100k back.

I think everyone always got a reason. Ask Deleted member 752298.

It would be very long process. It will take 6-12 month just to get a reply from them.
but a counterclaim needs a reason like emotional distress.
 
Is it a commercial site? Could you respond and say the site is not making money, and you'd be willing to pay them a license fee of say $100 and they choose if they want you to remove picture or attribute photo to the owner as well as a ******** link to owner's website.

Is the original site still up showing the photo?
Yes it's a commercial site but the photo is not causing a single customer to convert. The photo is useless, it makes no difference. I don't remember where I stole it from but reverse image search indicates this photo is showing on plenty of websites.
 
Yes it's a commercial site but the photo is not causing a single customer to convert. The photo is useless, it makes no difference. I don't remember where I stole it from but reverse image search indicates this photo is showing on plenty of websites.
but a counterclaim needs a reason like emotional distress.
I am not judgement proof, I have assets that they could come after
Please use the multi-quote function if possible, as it makes the threads flow much easier. How to multi-quote can be found here Newbie Guide
 
Do some checks on the law firm firstly make sure it’s legitimate. There are a lot of dodgy people out there.

Using information found on line check that the person who sent the letter actually works for them.

Contact the company and ask to speak to who is representing the other party.

Once you are sure it’s a legit claim either lawyer up or offer settlement without prejudice.

Don’t go to a marketing forum for legal advice. Some of the stuff given in this thread is awful advice.
 
Something to keep in mind. While they can sue for any monetary value they want, it has to be proven to be realistic if they actually want to be awarded that damage. If they are going to ask for a million, they have to show that they actually suffered a million dollars in harm/damage, or potentially show the the photographer has sold work for a million dollars and was harmed that way. All of this can be biased however depending on where trial is held (if it goes to that) and the bias of the judge, and how good their attorney is.

I could be wrong bur going to jump out the limb and say the owner paid a flat fee to attorney to send out these letters to whoever they could find. I highly doubt an attorney would take this on contingency (unless the photographer has sold work for a lot of money that can be easily proven to be "harmed"). This is common for a lot of creative industries.

There doesn't have to necessarily merit to file a suit. But also claiming that the website is a "personal" site or that the photo is "nothing special" is not a great defense and a fast track to getting a ruling you won't like. You aren't to judge the merit of whether a creative work has merit, and the judge/attorneys will repeat that. The trial is only to determine if what you engaged in something illegal, and worse off, if you did it knowingly. If you actually did go to court with the responses you posted above in response to others, you may not get a favorable outcome.

Settle, if possible. If you know the artists (probably in the letter), look up if he's an established artists. He could be an emerging artists, and is now doing this to protect work as he becomes more marketable. In this case definitely settle. If they won't accept settling, get a good attorney. If you can't afford one, well as they say, one will be assigned to you. Probably not great. So in that case, go with remorse, apologize and ask the court to show mercy.
 
Do some checks on the law firm firstly make sure it’s legitimate. There are a lot of dodgy people out there.

Using information found on line check that the person who sent the letter actually works for them.

Contact the company and ask to speak to who is representing the other party.

Once you are sure it’s a legit claim either lawyer up or offer settlement without prejudice.

Don’t go to a marketing forum for legal advice. Some of the stuff given in this thread is awful advice.
Not really looking for legal advice. I figured people on a blackhat forum have experience stealing pictures, getting sued, and how to screw the suer.
 
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