Have you received a demand letter from Visual Rights Group claiming that you have used an unlicensed image from a photographer such as Vincent Laforet Productions, Inc.? If so, then you are among many who have received such a letter. We have had numerous clients send us these letters from Visual Rights Group for review, with Visual Rights Group making demands of payment in exchange for a release to avoid claims of copyright infringement. Many of those clients have been very pleased that they sent the correspondence to us, allowing us to help guide them through the process of avoiding legal exposure.
If you have received such a letter from Visual Rights Group, 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.
Understanding Visual Rights Group
Visual Rights Group is not a law firm. Instead, it provides compliance services to third-party content owners, including photographers like Vincent Laforet and various photography agencies. Their stated intention is resolving claims of copyright infringement prior to initiating a lawsuit or retaining a law firm that specializes in copyright litigation. It makes sense to try to resolve these claims before they escalate to legal action, and we are happy to help navigate that process with you.
The letters from Visual Rights Group typically include:
- Claims about unauthorized use of specific images;
- Screenshots showing how the images were used on your website;
- A settlement demand;
- A “discount” if paid within a short timeframe (typically 21 days); and/or
- Warnings that removing the image is not sufficient to resolve the matter.
Visual Rights Group will indicate that its goal in contacting you is to determine whether you hold an active license for use of specific imagery with the rights holder or with any other entity authorized by the rights holder to license and distribute the imagery. If you have a license, then Visual Rights Group needs to become immediately aware of this fact. If not, then, unless there is an applicable defense such as fair use or de minimis use, it is smart to remove the imagery from your website as soon as possible.
Why You Shouldn’t Ignore These Letters
Visual Rights Group will advise that merely removing the image from your website and server will not be sufficient to absolve yourself of any copyright infringement liability. They will demand payment and, if this request is completely ignored, then Visual Rights Group may retain a law firm to make further demands and potentially even initiate a lawsuit against you. That is why it is important to take these letters seriously, and Heitner Legal absolutely has the experience to assist you with your strategy in this regard.
How Heitner Legal Can Help
Our firm has extensive experience dealing with Visual Rights Group and similar copyright enforcement entities such as PicRights, Pixsy, and Global Rights Control. We have successfully:
- Negotiated drastically reduced settlements;
- Had demands withdrawn completely based on applicable defenses;
- Prevented escalation to costly litigation; and
- Protected clients from admitting liability while resolving claims.
Visual Rights Group also understands the value in dealing directly with us as opposed to escalating matters to litigation law firms. At that point, Visual Rights Group and/or its underlying client must pay the law firm a contingency fee in any resolution or judgment based on successful litigation. Furthermore, a law firm is going to take time before filing suit and, if it does initiate a lawsuit, it will still likely take years before a judgment is received. Additionally, there is no guarantee that the judgment will lead to actual relief.
We use these general facts, as well as specific facts based on a case-by-case inquiry, to either negotiate a drastically reduced payment in exchange for a release or, in the alternative, we discover facts that allow us to effectively argue that no payment should be made at all.
What You Should Do If You Receive a Visual Rights Group Letter
- Don’t panic – These letters are sent to many individuals and businesses.
- Don’t ignore the letter – Ignoring it can lead to escalation.
- Remove the image – If you don’t have a license, remove it immediately.
- Contact Heitner Legal – We offer free initial consultations to discuss your options.
- Don’t admit liability – Do not communicate directly with Visual Rights Group until speaking with an attorney.
- Gather documentation – If you believe you have a license or other defense, gather all relevant documentation.
Our Approach to Visual Rights Group Claims
At Heitner Legal, we take a strategic approach to handling Visual Rights Group demands. We analyze each case individually, examining factors such as:
- Whether the image was actually used without permission;
- If there are applicable defenses like fair use;
- The actual market value of the image (often far less than demanded);
- The likelihood of actual litigation; and
- The client’s specific circumstances and risk tolerance/
Based on this analysis, we develop a customized strategy that typically results in either no payment or a significantly reduced settlement amount.
If you’ve received a Visual Rights Group demand letter, don’t face it alone. Contact Heitner Legal today for a free consultation and let us help protect your interests.