Today I received 2 emails from Agency Access, one addressed to my name, the other to someone I don't know. Think this is for real? Input appreciated:

Dear Tracey,

The Agency Access NATIONAL LIST MONITOR (NLM) has detected that an unauthorized mailing has been done using licensed Agency Access contact information. Since you have no current subscription to the Agency Access service (your membership expired on January 27, 2008) there is only one possible explanation for the mailing being flagged by the Agency Access NLM:

q You were a subscriber to Agency Access, and you may have utilized Agency Access names that you downloaded during your subscription period not recognizing at the time that this was a breach of the Agency Access License Agreement agreed to when the names were created.

Resolution of this matter is important to Agency Access insofar as it represents a breach of the Agency Access License Agreement and of its international copyrights. The penalties for such breach can be substantial.

Our policy is to charge a one-time penalty fee which is the cost of a year’s subscription. As in some cases, like this one, that the violator breaks the license agreement without malice that we offer them a year's subscription from the time they pay the penalty fee. We are under no obligation to do so, but as we are a user-friendly company we give this gesture.

On a more positive note, I am even willing to offer you our present discount of 10% on Single Artist - Full North American Membership which would result in a total of $832.50.

It is important that we clear this matter up within the next seven days as otherwise this violation will be forwarded to our attorneys. If you have any questions about this matter please do not hesitate to contact me promptly at (631) 951-9500 or by email at <[email removed by Administrator]>.

Thank you for your prompt assistance in this matter.



Barbara Celentano
Office Manager
-------------------------------------
Agency Access
275-S Marcus Blvd
Hauppauge, N.Y 11788
www.agencyaccess.com
<[email removed by Administrator]>
P: 631-951-9500
F: 631-951-9501

This message has been edited. Last edited by: SITESUPP1104,

Agency Access certainly appears to be legitimate. If Replying to the email (you don't have to send it) automatically installs their email address I'd assume it's all legitimate.

More to the point then, did you use their list for a mailed promo? If you did, then you need to resolve it. If you didn't, then you need to tell them so. Photographers need to recognize and respect the intellectual property of others just as we expect them to respect ours.

If you have violated their licensing, resolution is negotiable. You don't have to accept the rates they offer as a matter of policy, but be aware that they may have the ability to push it much further if you fail to work something out with them. This would be especially true if you were a subscriber to their services under an agreement that you have violated.

If you're innocent,pursue it thoroughly to get yourself cleared and get it in writing.