Have you received a copyright violation & unauthorized use email from VuPulse claiming that you or your organization has been using someone’s (such as Kelly Dodd, who VuPulse claims to be a professional artist of repute) imagery without authorization? If so, then you are among many of our clients who have indicated they also have received such a letter. VuPulse will make a demand for payment, with a simple “Review and pay” button where it claims it will release you and/or your company from claims of copyright infringement. Resist the urge to immediately pay, but also resist ignoring the demand. We are here to help guide you through the process of avoiding legal exposure while not just accepting their initial demand.
If you have received such an email from VuPulse, then feel free to contact us about your particular circumstance. We keep all communications confidential, pride ourselves on quick and active responses, and do not charge for initial consultations.
VuPulse is not a law firm.
Instead, it is the creator of a product called ImageGuard, which it claims to be intended to protect others’ creative assets. Through such a tool, VuPulse is able to “scan the digital landscape,” and then, in true troll-like fashion, create and disseminate as many template emails as possible, hoping to get someone like you to just click the button and pay the initial demand. If ignored, VuPulse will likely escalate the matter to a law firm, such as a CopyCat Legal type of copyright plaintiff firm. Thus, it makes sense to try to resolve these claims before the files are transferred to such a firm, and we are happy to help navigate that process with you.
The letters from VuPulse typically begin by indicating the artist or photographer name that the company is reaching out on behalf of. It will indicate, truthfully, that removing the unauthorized image does not absolve the infringer of the prior infringement. But what VuPulse may not highlight is that if you have a license, then VuPulse needs to become immediately aware of same. If not then, unless there may be defenses on the table such as fair use or de minimis use, but it is still smart to remove the imagery from your website as soon as possible.
VuPulse will commonly tell an unsuspecting recipient of its demand email that the communication is your only chance to redress the alleged violation. That’s not true given the number of matters we have been referred to where we are able to resolve the issue outside of that communication. Do not fall for the trap nor give in to their unsubstantiated, unilateral deadlines to reply. But again, do not ignore the communication altogether. It will only make the whole ordeal more expensive.
VuPulse often says that to determine the licensing cost, it has considered “standardized” factors. We make sure to press them on the justification for their claimed licensing fees and always double-check the authenticity of any copyright registrations. Communicating directly with VuPulse can become rather aggravating. We are here to take over that process and make it as stress-free as possible