How to avoid claims of copyright to the photo, if the photo loads any user of the website?

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Good day!

There is a commercial website providing services. This site has functionality of uploading photos by users. Users put a checkbox on the consent rules provide contact information, and images.


Responsible parties:
If the User posted information, the dissemination of which is restricted or prohibited by Federal laws, violates copyright or otherwise protected by law, full responsibility for the placement remains with the User.


Now I get the request by mail of the violation of copyright of these photos and rolls out a considerable sum. 10K rubles for a photo for amicable settlement. The total amount of half a million rubles. The letter enclosed copies of the Protocol of inspection of evidence notarized. If I don't agree, there will be a formal complaint to the court at the other end of the country (considering our country, it can be said in the other hemisphere), and the claim will already be 3 times more. In fact in the amount of one and a half million rubles.

And how to be and what to do now? It is clear that with a lawyer, but I hope for another experience of colleagues in this matter and who else can advise from his practice.

Thank you for any help, I in some prostration. The amount of the claim equal to the earnings of the site for the year ...
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How to avoid claims of copyright to the photo, if the photo loads any user of the website?
No way. Owners have a right to claim.

Now I get the request by mail of the violation of copyright of these photos and rolls out a considerable sum.
You can too someone to roll out in the mail request a couple of million. You look and pay. You do not pay, and figs with them, the benefit of sending e-mails free.

The letter enclosed copies of the Protocol of inspection of evidence notarized.
Cool. Who conducted the examination of the evidence? Sledak? Under what case? What's a notary?

If I don't agree, there will be a formal complaint to the court at the other end of the country (considering our country, it can be said in the other hemisphere), and the claim will already be 3 times more.
If you agree then goof. If not, do not goof. That's all.

update
Understand a simple thing - you don't know reliably who wrote the letter, and whether he is the right holder.
If you pay the money - who do pay, and for what? A month later, you come to the actual owner and demand money from you in court, and he will care less that you paid some old uncles.
In your case even with a lawyer won't be necessary in this situation - just ask the one who wrote to you to introduce themselves, to provide evidence that he is the owner, and clearly explain the essence of the claims to you.
That's when he'll do it - you will have a lawyer to consult, to discuss the adequacy of the requirements, and to bargain about the quantum of compensation.
And without this is a waste of time and money.

Let's say it's actual owner and he sue -
spoiler
  1. There is no guarantee that he will win the case, but there is a guarantee that he will spend in court costs a lot of money.
  2. The court will be at your residence and send a lawyer through the whole country, pay for accommodation, subsistence and other expenses is the money comparable with the stated amount.
  3. Order to recover you money through the court, the plaintiff will have to prove that he is the owner - often this is very difficult, and not the fact that succeed.
  4. The court will have to justify the amount of claims, and to prove that it is adequate, and that such amount was damaged. And it is very difficult.
  5. If the plaintiff loses the case - it is likely that the court will be forced to pay your legal costs.
  6. If the plaintiff wins the case - not the fact that it costs the court will be forced to pay you (though the chance is)
  7. And most importantly, even if the plaintiff won the case - not the fact that he gets the money. I'll tell you a secret - to recover money from the defendant even if the court's decision a very difficult job. Maybe you have no money - will give the bailiffs, and they will be years to recover. Ie to spend half a million dollars for expenses, and then get on 3tys per month. Who cares?


Therefore the court file for you, it is very difficult and expensive.
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Hello, it is difficult to advise something, essentially, because you have to know what it is and how it is decorated (what You have in offer that claims whose photos who downloaded). If indeed there were violations of rights is one thing. If not, more.
I understand that someone has uploaded a photo, but now holder says that he is not loaded and it's misuse?

Now I would advise You at least to verify this claim. Roughly speaking, that this is not a divorce, that You were frightened and paid.
Notarial certification - pleasure very expensive.
So let's see who is the notary to call and confirm, if he were assured protocols. And previously, I would advise you to ring in the region of the other notaries, get rates to navigate the price. Moreover, the certification protocols will still be collected from You if you win in court).
And to evaluate - if they went to great costs, it is sure he is right.
Well, if it's not, you know.

Second - why the court at the other end of the country. As a General rule on the defendant's domicile.
If there is a court, then the rights holder will need to justify the amount of the claim - that is why they demand 30 thousand for a photo, and before it was required 10 thousand Rates there, so is also not obvious that You will have to pay this amount, even if it is proven a violation.

And besides, necessarily, in any case, you will need to answer. Not only on the principle - "a letter received, will not pay". And to indicate its position.
Or not agree, but the photo was removed if the copyright holder objects. Or I agree, broke, photo removed, let's agree about the price.
Because even if it is proven a violation, it can be used as an argument in court - had acted in good faith, eliminated, offered.

But in General - goes back to the beginning, we must look at all the documents. And better at the stage of response to the claim, contact an attorney.
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This divorce, which sent a little letter myself and uploaded the pictures, ahaha.
Can burn Ah-pee, if you have logging conducted.
Well, in fact - print this little letter and tear it up at 385 parts...
Won a court case over the copyright to the pictures posted on the website - it's a lot of science fiction writers, just forget it.
Look, how much sticks out the VC hospital. Or the hospital OK.
)))

TS, get a life hack:
do (buy from someone, XS, ...) is similar to the picture (once you're talking about tourist-oriented pictures, these pictures of ApriI can't cost 10K... the leaning tower of Pisa click from all 360 degrees by thousands a day) and send the grifter - or so they say, sorry, but this is MY picture, evening in the hut and stuff)))
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Now I get the request by mail of the violation of copyright of these photos and rolls out a considerable sum. 10K rubles for a photo for amicable settlement.

For, excuse me,e-mail? : ) Ignore. You didn't get it. Gallopamil. No registered letter with signature on receipt notifications were not.
Crowd pictures and not individually? Ignore, it's divorce.
If each separately, and did not mention who is the author and source - ignore, it's divorce.
Generally, to prove the authorship of the photo, it is not enough just to say "this is my picture, and my mate", and the notary will not be able to confirm that the photo Tajmahal was made by Ivan Ivanov yesterday, not Tanya Petrova today. Because digital copies are just very amenable to all sorts of manipulation which can distort the data, such as time-stamp or internal tags. Moreover, after you download the pictures to Your server they most likely are processed(ImageMagick probably compresses them), so they can neither confirm pixel-by-pixel copy, no CRC. And even if so - you will not be able to confirm that the data files they have been earlier than on Your server, and they downloaded them from there, or Vice versa - it's not what they poured, into Your law-abiding server.
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For once, well enough there is fear that you will undress.
Well bred after all. Yes scared. Yes accidentally did on the toaster thing. Well all. the fright passed.
Remove the noodles from the ears and talk online with a lawyer, if there is not believe.
1. The court most likely amount will be removed from 1.5 million to 15 thousand approximately
2. The court will have you
3. the notary does not represent anything.
etc.
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well, will be three times more, and will award the same if awarded at all ))

total time of vessels up to 2 years, and this is if everything is under control and correctly from the applicant

another thing as you, replacing the Duma, too arrogant swung, and now have to spend money on lawyers
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I can say a little relevant comment, but I'll try.
If You have a properly drafted terms of website, in principle, You take responsibility.
I will try to explain as I see it. This user agreement You indicate that when you download third party content, namely photographs, is responsible for the copyright lies with the user who uploaded. And if he puts a check means agree with these requirements.
I may be wrong, but it's not a bad move that can be applied. And besides, those agreements no one reads, but they are there and agree with them.

Of course. someone will say that it does not carry any legal force, and so on. But when we register a mailbox somewhere in the Yandex or Google, there are exactly the same agreement with which we agree. And if You know about it pointed out, You can just safely pass the contacts of those who downloaded or simply delete photos.

I'm not special, but I really want to help You. And tried to constructively explain how I see it from the side.
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