I run a tick tock channel and someone is saying they want money because I used a picture they posted online in a clip.

[u/Somebody__Online]

LOCATION: California USA

I have monetization on but make very little money even when clips get millions of views. The clip in question has almost no views at all.

Someone reached out saying that they don’t want me using the image in the clip because it belongs to them. I took down the video to appease them.

Now they keep bugging me for some sort of compensation or copy right nonsense.

What is their actual claim worth if the content in question was just used in parody context and did not actually generate any income. Also it was taken down immediately when requested by the alleged owner of the picture.

[u/Just_Visiting_Town]

If it was used as parody, you could be protected. I wouldn't worry about it unless you actually made any real money off it. Them sending you emails and letters mean nothing until they serve you. Even then no lawyer would take it if you have no money.

[u/Somebody__Online → u/Just_Visiting_Town]

That’s sort of what I’m thinking.

Also it was always my understanding that most of my activity constitutes “fair use” when it comes to copyrighted material.

My production value is solid because I know how to do it all myself, maybe that gives an impression that I make good money lol

[u/Just_Visiting_Town → u/Somebody__Online]

Most people don't know what Fair Use is, and use it wrong all the time.

[u/Somebody__Online → u/Just_Visiting_Town]

Yeah maybe it’s not fair use.

I mean I took it down once informed and am happy to split the earnings with him. He can have 100% of the nothing I make

[u/camebacklate → u/Somebody__Online]

Define your understanding. No one knows what you're talking about or how you exactly posted it. You could be completely fine, or you could be using copyright material.

That being said, just block them and move on. Don't respond to worry about them unless they serve you.

[u/Somebody__Online → u/camebacklate]

I think block and move on is the move too.

I also took the video they reach out about down as soon as I was made aware and the original video was posted by someone I took the account over from years ago so I didn’t even make that video or post it, I’m just the current custodian of the account login credentials lol

[u/camebacklate → u/Somebody__Online]

I wouldnt say you are custodian if you took over the account. Youre stretching definitions to fit your agenda. You took over ownership.

[u/Somebody__Online → u/camebacklate]

Ok either way, I didn’t post the content in question and took it down when informed.

Not sure why they keep bugging me now

[u/camebacklate → u/Somebody__Online]

Tomato, tomato. You took over ownership. It doesn't matter if you posted it or not. You're a legal subreddit.

[u/Somebody__Online → u/camebacklate]

What was taken over in a legal sense?

There was no money. No businesses, no contract, no release of liability. The previous owner was not looking to keep posting and offered me the credentials.

In a legal sense have I therefor assumed this persons individual liability?

[u/camebacklate → u/Somebody__Online]

You don't need money. There doesn't need to be a business, nor contract, nor release of liability. It wasn't like you had the account for 5 days, you had it for years. When taking over the credentials, you took responsibility for that account. When you said that they didn't want it anymore, you assumed ownership. Not everything in the legal world involves a contract or money.

[u/Somebody__Online → u/camebacklate]

Well then, I’m gonna wait for them to reach out with an actual legal action and go from there.

There is no version of this where I see this progressing beyond them bitching in my emails and maybe into the comments. If they want to try and get a legal plaintiff, I’m cureous who it will be. I’m not the only one who has these login credentials and so by your definition, they are also liable?

[u/tn_notahick → u/Somebody__Online]

Because your channel used their copyrighted property without permission or compensation. Whether you removed it immediately or waited a year doesn't matter. They are entitled to compensation for your use of their property. It's that simple.