Facing lawsuit from AP

Just found out today that I'm facing a lawsuit from a law firm representing the AP because of what they are calling copywrite infringement. What the issue is that I've posted my by-lined stories on personal website that happen to capture AP photos that are part of the link. I've worked for AP in the past along with other news organizations that subscribe to AP. They are asking for over $2,300 for the copywrite infringement. Does this sound right? Can they do this? I've never attempted to make a dime off the website. It's simply the means to display my portfolio. Any advice on what I should do? Also want to alert others to this possibly happening to them.

 

The amount of damages seems odd. I don't know why the AP or a law firm would care about $2,3000, unless that is just some jurisdictional figure they threw out.

Check the law firm and see if this is something they do routinely.

 

They didn’t contact you prior to ask what’s up, request cease-and-desist, nothing else? Just “you owe us money!” seems strange.

 

I am not a lawyer but does AP have a published price list for their photos? Is the $2,300 what they were charging for the photos?

 

Just going on the site without logging in, the prices listed are $35 (digital only), $175 (editorial use on digital or print), $350 (TV) and $495 (corporate).

Perhaps AP was adding up all the photos he used.

 

Is the firm affiliated with AP or just saying so?

A foundation I've worked with put an advertisement on its website about an upcoming event and used random photos it found online. It was contacted by a law firm saying it was affiliated with the rights holder demanding a large amount of money. The total was negotiated down to a few hundred dollars, which was paid to avoid more inconvenience, but I doubt the rights holder got any of it or even knew of the threatened lawsuit. That firm scoured the Internet and sent out these notices hoping to collect penalties.

 

Many a moon ago, a weekly put some of our photos of a football game one of its schools played against one of ours, using "Photos courtesy Podunk Shipping News" on their captions. The shooters threw a fit, and when the editor found out I had not given permission to the Weekly Fishwrap to use our photos we threw a fit too. The Fishwrap got a delicately worded nastygram from our publisher.

 

I am always amazed at the number of people in the business who believe you can steal someone else's work as long as you put "courtesy" underneath.

Particularly "Courtesy YouTube."

 

Does anyone expect AP to proofread its own affidavits?

 

I'd wait for the second writethru before doing anything.