Superstock Copyright Shakedown
So I got one of those infamous SuperStock copyright letters about a photo I had on a website. They demanded $1268.
The site has a fictitious company name on it and has nothing "but blah blah blah Lorem ipsm dolor sit amet, consectur adipisiing elitsedo temporin reprehederit in voluptate veltsse incididunt utre ete magna aliqua" verbage on it. It's just a website I'm working on in my spare time for future use. The letter I received was at my home address but addressed to the fictitious company name. I purchased a template that had this 'copyrighted' photo in it. After I received the first letter I immediatley removed the photo and wrote them back explaining that I purchased the template that contained the photo. I even gave them a list of 14 websites selling the template containing the photo and included printouts of the webpages showing the template/photo for sale, and a list of other websites that have the exact photo for royalty free download. None the less, I recevied another letter from their attorney, addressed to the fictitious company, stating "any assertion that the infringement was unintentional is not a basis to avoid liability for the infringement."
The only way they got my address is from the domain registration. I don't even have any idea how they found the site to begin with because it doesn't pop up in ANY search engine. So should I just ignore? Who would they sue - me personally because I own the domain name or the fictitious company? Since I legally purchased the template and it is STILL availabe to purchase today with the photo included, if it went to court wouldn't I more than likely be out the $200 under:
504 Remedies for Infringement: Damages and Profits
Part (c) Statutory Damages
Under section (2) (It states...) "In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200."
I certainly don't have $1268 to pay them and did not just pick a photo off the net and copy it. Of course the letter from their attorney said I could call them and set up a credit card payment plan which I think is a little weird in itself. If I did get sued then what would I do - turn around and sue the company that sold me the template?
Any advice is appreciated.
Re: Superstock Copyright Shakedown
Some poking around the internet suggests that it might be worth your while to simply ignore them and see if they try to sue you.
HOWEVER - I wouldn't take that course without at least speaking to local counsel first.