The Clock is Ticking .....See you in Court!
-------- Forwarded message --------
Subject: Date: From: To:
Re: Case-File no: YV2011905
Wed, 23 Sep 2020 11:25:15 +0200
Ursula Sabisch <email@example.com>
Free English translation on 23 July 2021.
The German-language document you may find here!
Dear Ms .......,
Thank you very much for your reply and for the offer of a settlement deal.
However, I would prefer to settle this matter in writing in advance, also because you probably did not understand that my person was also willing to remove the said photo of the valuable homepage page out of pity towards your agency.
In plain language, this means that you or a judge or anyone else can legally not force my person to make any payments that my person refuses!
You in Frankfurt, but also in Hamburg, have long since been aware of and thus at great expense to my person and thus to my copyrights through the Momental-Area and if you and others are quite obviously of the opinion that my person is a little joker with whom you can do what you like here and there, then you as a press agency are also quite wrong!
And now we come to a settlement:
Your photographer of the said photo has certainly received his money for the resulting photo from the client, in this case through the event "A Heart for Children".
In return, he probably received an acceptable hourly wage for comparatively little "personal contribution" and for a comparatively small amount of time.
Other people have to work a few hours more, sometimes even hard, for the sum you are now demanding for the unauthorised use of a photo on the Internet, in order to pay for the photo again, because you are of the opinion that your photographers cannot live on air alone, but then surely on such people who stupidly use a photo on the Internet, with which you or your agency quite obviously want to extract money several times over.
If my person were to write that you should be ashamed of yourself as an employee of your company, because money is being "ripped off" in this way, then you, as an employee of a press agency, would probably just laugh about it!
There is nothing to be said against copyrights on the Internet as long as the Internet will still be available for mankind, if a clean handling of such rights is given, which unfortunately cannot be the case with you and others of your branch, because even my person had taken the photo, which actually belonged to a factual and very valuable document, from the homepage!
Other people who, strictly speaking, had to "earn the money" for your photographers and also had to bear the legal costs for the rights of your agency, because a licensed photo was used, have quite obviously simply had bad luck!
If you, but also other like-minded agencies, had been an honourable company with honest business practices, you would have sent my person a completely different and acceptable e-mail.
For this reason, my person is unfortunately forced to call upon you and your competitor companies in the entire industry and to strongly recommend that you return the money you "scammed" from each of your illegal users of your photos, which were used exclusively for non-commercial purposes, without any objections!
Should you refuse, then you and every other agency in your industry will also pay back the legal fees to all of the actually injured parties, which incidentally also applies to a law firm that has accepted such of your orders, should you, like all of us, be lucky, because where and with whom was and is the damage?
The damage lay and the damage lies with your questionable company, through which you, too, as an employee makes the living, because you are paid and, of course, will also still feel in the right!
Remember: If, after a polite, unmistakable demand for unauthorised use of a copyright claim on the Internet, for example by means of a prepared invoice about a possible purchase of the licence of a photo, no appropriate reaction from the user follows, then and only then may you and your kind sue!
If you and your kind in Frankfurt want to continue to play time-consuming and false games with my person, we will see each other in court!
With kind regards
HP: Hopefully it should be clear to you that this document has to be published, as it does not only concern your company, but there will be more and more photographers and thus more and more press agencies worldwide, all of whom cannot live on air alone but should perhaps consider what future-oriented opportunities these people would have had through the homepages of my person! !
Nevertheless, I thank you for the e-mail and if necessary I will look at you or your kind as well as the sick psychopaths in court! !!