Buonasera a tutti (e grazie per i consigli ricevuti finora) Riassunto: copytrack e' una compagnia tedesca che, per conto di vari clienti, manda automaticamente e arbitrariamente richieste di risarcimento per violazione di copyright a chiunque i loro software ritengano potenziale violatore, per importi senza giustificazione apparente. Ne hanno gia' parlato altri, a proposito dello stesso cliente che avrei danneggiato io (e questi sono solo alcuni dei link)::
https://benjaminspider.com/understanding-federico-caputos-copytrack-claims/ https://gioxx.org/2023/12/19/copytrack-racconto-di-unazione-discutibile/ https://www.angryjerk.net/wp/2024/02/14/ajnet-vs-copytrack/ Il 30 aprile copytrack ha scritto anche a me, pretendendo quasi 400 Euro per una immagine di Caputo che piu' di cinque anni fa avrei inserito in un mio post senza autorizzazione. Dopo la mia prima richiesta di informazioni, sono immediamente scesi a 200, SENZA fornire alcuna informazione. AL momento le cose stanno come potete leggere sotto, mancano solo URL e case number. La mia posizione? 1) io non me lo ricordo proprio dove presi quell'immagine 5 anni e mezzo fa, perche' scrivo tantissimo. Ma se una volta ho effettivamente, INAVVERTITAMENTE violato il copyright di qualcuno, in maniera che gli ha EFFETTIVAMENTE causato un danno di 200 Euro, paghero' quella cifra a chi ne ha diritto... 2) ma il modo di procedere di Copytrack e Caputo e' davvero insopportabile. Di lui non ho trovato nessun contatto, ma quello e' il meno. A parte tono e procedure di copytrack, quell'immagine che mi contestano si trova su tanti altri post online (che avranno sicuramente acquistato licenza)... ma non su Shutterstock e simili. Cioe' non si trova nessuna prova, ne' tramite motori di ricerca ne' da Copytrack, che quell'immagine era effettivamente in vendita, dove e a quale prezzo. Fra l'altro, ho notato su quegli altri siti che loro hanno una versione piu' grande. Ovvero, se anche avessi copiato qualcosa senza autorizzazione, sarebbe un thumbnail, non l'immagine effettivamente in vendita. E' indecente o no? Grazie per la pazienza, per altri consigli e anche a chi volesse rappresentarmi pro-bono se mai si andasse in tribunale per questa farsa. Il rispetto del copyright e' una cosa seria, ma questa pesca a strascico di sicuro non lo e'. Sarebbe bello se gli artisti seri imparassero a star lontani da chi li "protegge" in questo modo. Marco ----- Forwarded message from Marco Fioretti ----- Subject: Re: [COPYTRACK GmbH] Re: Details regarding your copyright infringment From: Marco Fioretti Date: Mon, 19 May 2025 18:28:51 +0200 To: COPYTRACK GmbH <[email protected]> To whom it may concern: you write that "we can not lower the compensation in this case more". I think there is a big misunderstanding going on. Please understand that the problem is NOT the AMOUNT you now ask for compensation, that is 200 Euros. If I ACTUALLY DID cause that amount of damage to your client, I will pay it. What I asked, and still ask, is ONLY REAL, FORMAL evidence/guarantees: 1) that I did cause that amount of damage (see below), and 2) that paying 200 Euros WILL definitely close this matter, without you or Mr. Caputo ever asking anymore for further compensation, about Germany and any other country About point 1, I will be glad to pay as soon as I WILL have evidence of, besides the guarantee that this will definitely close this matter: 1. Proof of copyright ownership for the image in question, including documentation of substantial human input to justify a copyright claim. 2. Mr. Caputo’s license history. 3. The location(s) where Mr. Caput has the image you are claiming compensation for. 4. The sales history of that image. 5. The location(s) where the image is available for sale. Surely you can provide this information quickly, and I confirm that providing it will be enough, as far as I am concerned, to close this matter in the fastest and less expensive ways for all parties involved. Marco Fioretti Il giorno sab 17 mag 2025 alle ore 16:17 COPYTRACK GmbH <[email protected]> ha scritto: ##- Please type your reply above this line -## Your request (XXXXXX) has been updated. To add additional comments, reply to this email. Conversation CCs (if any): M. Fioretti Copytrack Z (COPYTRACK GmbH) May 17, 2025, 16:17 GMT+2 Dear Sir or Madam, Thank you for your message However, as I mentioned before we can not lower the compensation in this case more. Please be reminded that discounted offer will expire within the next 7 days, and then we will be forced to hand this case over to our partners, and they will take further actions. It will also lead to higher settlement costs, since the discounted offer will expire Best regards Legal Department COPYTRACK GmbH Saarbrücker Straße 18, 10405 Berlin Germany Phone: +49 - 30 – 809 33 29 10 Fax: +49 - 30 – 809 33 29 99 Registry: AG Berlin Charlottenburg HRB 173269 B Domicile: Dresdener Str. 31, 10179 Berlin CEO: Marcus Schmitt VAT-ID: DE305466114 Marco Fioretti May 12, 2025, 06:07 GMT+2 To whom it may concern: Dear sirs, please allow me to formally remind you of what I said in my first answer (for details, please see my original answer): First, I'm not even sure I did ever use the original image. Second, I can demonstrate that the "profit" of my WHOLE blog since 2020, not the single post you refer to, has been less than what you asked. Third, and most important: you are now demanding 200 Euros for settlement. Quoting myself, I confirm that "I am willing to discuss an amicable and fair solution [as long as you can] DEMONSTRATE that using a (reduced) copy of that image caused concrete damage to your client, and the AMOUNT of that damage, explaining how you came to that conclusion." In your request I see no such proofs. Besides, in order to settle this matter, please note that in order to pay any sum, I would also need FORMAL, official documentation (e.g. copy of signed contracts, signed statements from your company etc) that: 1) you do have all the authorizations from your client to bind him to any agreement we may reach, to exclude any further claims through any other agent, now or in the future 2) regardless of the amount, any payment would DEFINITELY settle this matter, with no further requests for any reason, that it would DEFINITELY settle it not just in Germany, but also in every other country Summing up, I CONFIRM that I am willing to reach an amicable and fair solution. However, regardless of the amount, I simply cannot pay any sum without the actual evidence and guarantees that I request. Waiting for them, Best Regards, Marco Fioretti Il giorno dom 11 mag 2025 alle ore 17:01 COPYTRACK GmbH < [email protected]> ha scritto: Copytrack Z (COPYTRACK GmbH) May 8, 2025, 16:12 GMT+2 Dear Sir or Madam, Thank you for your message. As we are interested in solving this matter amicably with you, our client is willing to offer you a settlement payment of 200 EUR to cover the compensation costs for your copyright infringement. This is the maximum we can offer. The reduced compensation costs can be paid securely at https:// portal.copytrack.com/ by entering your case ID XXXXXXXXXXXX. Once you have made the payment, we can close your copyright infringement case. Best of regards, Legal Department COPYTRACK GmbH Saarbrücker Straße 18, 10405 Berlin Germany Phone: +49 - 30 – 809 33 29 10 Fax: +49 - 30 – 809 33 29 99 Registry: AG Berlin Charlottenburg HRB 173269 B Domicile: Dresdener Str. 31, 10179 Berlin CEO: Marcus Schmitt VAT-ID: DE305466114 Marco Fioretti May 1, 2025, 18:32 GMT+2 (I am sending this also from my backup Gmail address, to make sure that this message comes through) To whom it may concern: I am very surprised to receive this request. I do not think I am guilty or responsible of what you are stating, and of the kind of damage you claim it caused. To begin with, I am almost sure that I only used a partial screenshot, possibly downsized at reduced resolution, because that's what I've done other times I thought some image would be a good fit for something I posted. Above all, I can guarantee you that, albeit I do welcome donations, my audience has always been so small that the profits of the WHOLE blog (currently more than 2300 posts) in the last five years have been WAY less than the amount you ask for ONE image in ONE post. In other words, assuming that it exists and could be calculated, the fraction of that profit coming from THAT specific image in ONE post would surely be much less than ONE Euro. This said, I am willing to discuss an amicable and fair solution. However, in order to do that, I have to ask you to DEMONSTRATE that using a (reduced) copy of that image caused concrete damage to your client, and the AMOUNT of that damage, explaining how you came to that conclusion. Best Regards, Marco Fioretti On Tue, Apr 22, 2025 15:35:50 PM +0000, COPYTRACK wrote: > [copytrack-] > > Sent via email to [email protected] on April 22, 2025 > Authorization request / Unauthorized image use - Case no: XXXXXXX > Dear Marco Fioretti, > We, COPYTRACK, are writing to you on behalf of our client Federico Caputo, who > has assigned us the monitoring and protection of their licenses and image > rights. On April 17, 2025 we have been informed that Marco Fioretti is likely > using an image without permission and the client has exclusively commissioned > us with the clarification, administration of the image rights for the territory > of the Federal Republic of Germany and, if necessary, the enforcement of any > copyright infringement through our partner lawyers. Images are protected by > copyright law almost worldwide and infringements are actionable under the > respective national law. Please see the attachment below for details. > On behalf of our client, we must first determine if you have a valid license to > use the images in question in the territory of the Federal Republic of Germany. > If you have a valid license or any other legal justification to use these > images, please reply to this email and include proof of license purchase and/or > any other necessary information to validate the usage. > > Please note that you are obliged to provide the necessary information about the > usage of the image to allow our client and us to verify the lawfulness of such > usage. > > Please respond to this letter no later than May 2, 2025. > > If this is not the case, your use of the image material most likely constitutes > a copyright infringement within the territory of the Federal Republic of > Germany. If no settlement can be reached, we as Copytrack are directly > instructed to enforce these rights for the territory in the Federal Republic of > Germany through our German partner lawyers and, in addition, to instruct our > respective partner lawyers in other countries to examine and, if necessary, > enforce the infringement of the rights in the respective countries. You could > then be legally obligated to compensate our client for the damage caused by > this copyright infringement. > Rights Federico Caputo > holder > Image found https://stop.zona-m.net/2019/12/... > Since > > 3 steps to solving your case > > In order to resolve this case amicably with you, we request your cooperation. > Please complete the following steps to close this case: > > 1. Check > Review the evidence on this case by going to https://portal.copytrack.com > and entering CASE ID XXXXXXXXXXX > 2. Proof > Show us proof of your license by uploading it or providing any other legal > justification to use these images and if it is valid, we will close your > case immediately; > > If you do not have a valid license or any other valid justification: > > 3. Compensation / License > You now have the following 2 options: > □ Option 1: Purchase of a subsequent image license (includes past and > future use for one year after purchase). > □ Option 2: Compensation (includes the previous use and requires the > immediate deletion of the image). > > Image license (valid for 1 year from date of purchase) 389.59 € > Compensation costs (past usage) 350.00 € > Payment is due by May 21, 2025 > > Payments for both options can be made securely online at https:// > portal.copytrack.com by entering CASE ID XXXXXXXX > > We accept PayPal, credit card and bank transfer. > > We calculate these fees based on our client's license history, as well as the > duration of use and type of rights infringement. Failure to provide a proof or > pay for a valid license may result in your case being referred to our partner > attorney and significantly higher additional fees. > > To avoid further action, including legal action, provide proof of a valid > license or any other relevant information by May 2, 2025, or acquire it by > making payment in our online portal. > > Sincerely yours, > Marcus Schmitt > (CEO) > About Copytrack > > Since 2015, Copytrack has been helping creatives and brands protect their > copyrighted images. As one of the leading digital licensing and copyright > agents in the world, we have helped manage, license, and enforce over 200.000 > cases of image theft. Though most cases settle peacefully, we reserve the right > to proceed legally where necessary through our global network of partner law > firms in order to protect the intellectual property of our customers. > > Summary - Unauthorized use of the image – Case ID: xxxxx > > For the full report, visit https://portal.copytrack.com and enter this CASE-ID > XXXXX. > Rights holder Federico Caputo > Image used [7e90314ece] > https://stop.zona-m.net/2019/12/... > / > Online Since February 6, 2020 > Image license (valid for > 1 year from date of 374.50 € > purchase) > Compensation costs (past 350.00 € > usage) > Payment is due by May 21, 2025 > > > © 2025 COPYTRACK GmbH > Dresdener Strasse 31, 10179 Berlin • Trade register: Charlottenburg district > court • trade register number: HRB 173269B, Executive director: Marcus Schmitt > • VAT ID number: DE305466114 > > * . This email is a service from COPYTRACK GmbH. Delivered by Zendesk [NK5KM2-RV505] ----- End forwarded message -----
