If you’ve recently received an email from Joshua Mellin regarding the unauthorized use of an image (i.e.copyright infringement), you’re not alone. Many people face similar situations where it is claimed that copyrighted works are used without permission. But what should you do if you find yourself in this predicament?
If you have received such an email, then feel free to contact us about your particular issue. We keep all communications confidential, pride ourselves on quick and active responses, and do not charge for initial consultations.
Let’s delve into the steps you can take to address this issue effectively.
Understanding Joshua Mellin’s Email
Joshua Mellin’s email typically contains a notification regarding the unauthorized use of an image. It may include details about where the image was found and a request for its removal or compensation for its usage.
Mellin will typically try provide a citation to the use without authorization and then say something along the lines of, “I have not granted such permission for this image’s use. Do you have any documentation as to how you acquired this image or any license for the use? Such willful infringements can command up to $150,000 in damages for each use.” That last line is intended to scare you.
While receiving such an email can be alarming, it’s essential to assess its legitimacy before taking any action.
Verifying the Claim
Before responding to Joshua Mellin’s email, it’s crucial to verify the authenticity of the claim. Check the sender’s credentials and research the image in question to confirm if it’s indeed yours and whether it’s been used without permission. Look for inconsistencies or red flags that might indicate a fraudulent attempt to exploit your work. Consider the amount Mellin is demanding as well as the unilateral deadline he proposes for a response. Don’t ignore him, as he has shown a willingness to file lawsuits.
Options for Responding
Once you’ve verified the claim, consider your options for responding to Joshua Mellin’s email. You can choose to comply with the request by either removing the image or negotiating terms for its usage (this is where a reputable law firm like Heitner Legal can assist). Alternatively, if you believe the claim is unfounded, you can contest it and provide evidence to support your case.
Protecting Your Images
To prevent future instances of unauthorized image usage, take proactive measures to either clear rights or use images that either require only attribution (and provide the proper attribution) or that are completely royalty-free images. These steps can deter people like Mellin from emailing you with lofty demands.
Seeking Legal Assistance
If the situation escalates or you’re unsure how to proceed, seek legal advice from professionals such as Heitner Legal who are specializing in intellectual property rights. They can assess your case, advise you on the best course of action, and represent your interests in legal proceedings if necessary, including looking at potential defenses such as one based on statute of limitations, fair use or de minimis use.
Communicating with Joshua Mellin
When responding to Joshua Mellin’s email, maintain a professional yet assertive tone. Clearly state your position, whether it’s agreeing to remove the image, negotiating terms, or refuting the claim. Keep records of all correspondence for future reference and documentation. If you are considering retaining a law firm, then consider not responding to Mellin and letting the lawyers do the heavy lifting.
Documenting the Incident
Regardless of the outcome, it’s essential to document the incident thoroughly. Keep copies of all emails, screenshots of the image’s usage, and any other relevant evidence. This documentation can serve as crucial evidence in case of further disputes or legal action.
Conclusion
Dealing with unauthorized use of images can be challenging, but it’s essential to address such situations promptly and assertively. By verifying claims, exploring your options, and taking proactive measures, you can safeguard your interests and not put yourself in a position where you are spending thousands and thousands of dollars defending against a federal lawsuit.