If you are here, then you have probably received an email and demand letter from Copytrack, a company that has been around since 2015 and boasts that it has been involved in enforcing over 200,000 cases of image theft to date. And if you are here, then you are not the first person to reach out to us about Copytrack demanding money in exchange for a release based on past use of an image (a/k/a copyright infringement) and a possible license for future use. We are always happy to take a look at your situation and determine the next best steps.
If we are right and you are the recipient of an email demand, then feel free to contact us about your specific concern. We keep all communications confidential, pride ourselves on quick and active responses, and do not charge for initial consultations.
Copytrack is a bit different than other image rights associations. Note, it is not a law firm and will not sue you for failing to reply; however, it does have the capacity and has in the past escalated these issues to law firms. As such, it is best to not completely ignore Copytrack. Anyhow, the main difference is that it does not only wish to be compensated for past, unauthorized use of an image or images. Instead, it commonly seeks to offer a continuing license for future use, which is not required in case you decide you would rather scrap the image from your website and server.
Copytrack email demands usually start by providing information about the person or company that it is representing. It will continue by stating that it believes you or your company has used an image without permission, that images are protected by copyright law, and that infringements are actionable under national and international law, making reference to a PDF attachment that it commonly includes with the email. Copytrack then will likely tell you that there are “3 Steps to Solving Your Case.”
First, Copytrack will ask you to review the evidence of the case on its portal. Second, if you have proof of a license, Copytrack will ask that you upload it, causing Copytrack to close its file on the matter. Finally, if you do not possess a license, it will provide a couple of options for compensation, whether it be paying for past use or adding future use to the equation. Instead of paying right away, email us. You may have strong affirmative defenses such as fair use or de minimis use.
It is always smart to attack these Copytrack letters head-on, but you may become very frustrated if you attempt to do so on your own or with a lawyer who is not seasoned when it comes to copyright law. We have not only dealt with Copytrack, but many other rights associations such as Pixsy, PicRights, and ImageRights. They all act similarly but have their nuances. Feel free to reach out to us to see if we can assist.