If you're a podcaster with a website, and you use photos on your site, you may be a target for this scam that really looks legit.
For my website, I commonly use images that I obtain from Unsplash.com. In fact, I have an Unsplash+ account which gives me extra access to additional photos owned by Getty Images (Unsplash has some kind of arrangement with Getty). (To avoid violation of the self-promo rule, I have removed links to my website from the communication below.)
I recently received a very official-looking email from attorney Alan Young of Commonwealth Legal Services. This is what they sent:
Dear owner of <my website page that displays a picture of someone riding a snowmobile>
We're reaching out on behalf of the Intellectual Property Division of
a notable entity, in relation to an image connected to our associated
client: Cheap Snow Gear.
Image Reference: https://i.imgur.com/VvvS4p2.png
Image Placement: <the page on my site that displays the picture of the snowmobile>
We've observed the above image being used at the above specified
placement. We are emailing you to insist our client is correctly credited. A
visible link to https://cheapsnowgear.com/ is necessary, placed either below
the image or in the page's footer. This needs to be addressed within the
next five business days.
We're sure you recognize the urgency of this request. Kindly
understand that simply removing the image does not rectify the issue. Should we
not see appropriate action within the given timeframe, we will reference
case No. 84531 and implement legal proceedings as outlined in DMCA Section
512(c).
For your convenience, past usage records can be reviewed using the
Wayback Machine at https://web.archive.org, the main recognized digital web
archive.
Take this communication as a formal notice. We value your swift
action and expect your cooperation.
Regards
Alan Young
Trademark Attorney
Commonwealth Legal Services
3909 N 16th St, 4th Floor
Phoenix, AZ 85016
Alan@<website for the law firm>
I was immediately suspicious for a variety of reasons:
Photo usage in violation of copyright usually results in a letter asking for removal and payment. This letter did not ask me to remove the image, and it only asked for a prominent backlink.
I know that my photo usage under the Unsplash license is legal and does not require any attribution of any kind.
The email included the word "kindly", which is often a giveaway that the scammer is not from the US (certainly not an attorney in Arizona).
I forwarded the email to Unsplash, and they responded to "Alan" and CCd me as follows:
Hello Alan,
We've had a report from one of our users that you have been in touch fraudulently claiming ownership of a photo that you do not have ownership of, in a frankly unethical attempt at creating backlinks.
Any further attempts at contacting our users with fraudulent claims and requests, or claiming ownership of our community photographs will result in legal action.
We have assured our users that your claims are illegal and under no circumstances to comply with any requests you make.
If you wish to discuss this further, I can be contacted at [email protected].
If I had to guess, I would say this is being generated by a sleazy SEO company who is looking to get backlinks for their clients' websites. Just something to be aware of.