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Author Topic: Getty Images and LCS  (Read 4940 times)

jannie

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Getty Images and LCS
« on: March 11, 2016, 05:07:00 PM »
Hi
In the beginning of Jan we received 3 different email about 4 images on our site, 2 were from LCS and one from getty.
This is the reply from Getty on my mail to them:

FOR SETTLEMENT PURPOSES ONLY
 
RE: xxxxx – xxxx.
 
Dear xxxx,
 
Thank you for your letter of xxxx.
 
Getty Images respectfully declines your offer to settle this case at $xx.xx. 
 
As per your request, we provide you with the following information:
 
1.       Proof of Getty Images’ right to manage the image

 
Please visit our website at www.gettyimages.com and enter the image number for the image in question xxxx into the search field. When you have searched and found the image, please click on the thumbnail image. This will open the image in a new window, at which point you will be able to read the details on the image. Please click “Rights-managed” in this window (under “License type: Rights-managed” in the navigation panel to the right).
 
The Getty Images Editorial, Rights-Managed and Rights-Ready Image and Video License Agreement will open up.  We direct your attention to sections 5 and 6. Section 5(ii) is Getty Images’ warranty that it represents the image. In section 6, Getty Images indemnifies the licensee for any claims of copyright infringement.
 
These two sections confirm that Getty Images is legally entitled to manage the image.
 
2.       Copyright registration

 
This is not relevant to this matter.  Images are protected by copyright the moment they are created.  Copyright registration is not required to protect one’s copyrights, nor did the settlement offer by Getty Images contemplate the statutory damages that you would be responsible for if there was a copyright registration.  Any copyright registration for this image will be produced in accordance with a court process that may be initiated if we are unable to come to an agreement on settlement.
 
3.       Explanation of Valuation

 
The settlement amount offered in our email of xxxx, 2016 was based on the actual cost of the license that you should have purchased in order to display the image on your website.  For your reference, the Getty Images price calculator can be found here:
 
xxxxx
 
And for this use, a digital media and web corporate or promotional site license would have been required prior to placing the image on a live website, including selecting up to Âœ page resolution on a secondary webpage.  At the very least one month license for this usage would have cost $xx.xx.
 
You have identified images that are available for license on a ‘royalty-free’ basis. Leaving aside the quality of the image for a moment, a royalty-free license is non-exclusive (meaning there is no limit to the number of people that can license that image).  Additionally, many royalty-free files found on sites such as the ones that you have identified are non-exclusive to those sites, meaning that many stock photo sites have the same commodity content.
 
The image that was actually infringed on is licensed on a ‘rights managed’ basis.  In addition to being of a higher technical quality, a Getty Images’ rights managed image is made available exclusively through Getty Images and its distributors and the license fee is based on size, type of use, and placement.  Unlike royalty-free images, rights managed images are available for license on an exclusive basis, at a premium that reflects the high quality and limited availability.
 
 
4.       Sales Data

 
We license millions of images each year, at prices consistent with our settlement offer.  Your request for license data for “each size and use” is not relevant, as our settlement offer addresses the cost of a license for your specific use.  Any sales data regarding this image will be produced in accordance with a court process that may be initiated if we are unable to come to an agreement on settlement.
 
5.       Costs related to the pursuit of this case

This is not relevant. Our settlement offer did not add any additional costs or penalties over and above the fair market value of the license fee.
 
Absent proof of a valid web license, the balance on the settlement demand presented remains due.  The terms of this settlement offer shall be kept confidential, except as may be required by law.  Getty Images expressly reserves all rights and remedies available under copyright law. Thank you for your time and attention to this matter.
 
Best regards,
 
 xxxx


So now the question is how do we respond to this?

Thanks
 
« Last Edit: March 30, 2016, 08:31:14 PM by jannie »

stinger

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Re: Getty Images and LCS
« Reply #1 on: March 11, 2016, 05:40:39 PM »
That's a far better letter than anything I've seen from Getty or McCormack IP Law in the past.  In fact, it even acknowledges your letter and answers it specifically.

Be cautious  in that many people on this web site (myself included) have stated that Getty has, in the past, moved images from their Royalty Free page to their Rights managed page.  Doing so could obviously mean significantly greater settlements from their trolling program.  I would try to verify if the images in question were ever offered on Getty's Royalty free page or if they were ever offered by any other company.

The former would indicate that they are playing dirty.  The latter would certainly draw into question their claim that since the image exists on their page and since they provide a warranty on their page, that they have the rights they claim in the image.

There are cases in case law where Getty could not provide a contract, signed by Getty, granting them the rights to the images they claim.  You can find mention of them on this sight.  I think one included a firm called Advernet.

You made the right first move by taking things down.  If these are being handled as separate cases, it's unlikely they will sue because of the costs involved.  If it were me, I might point out to them that because their website says they have the right to market the images, does not necessarily make it so.

If memory serves, a few years back, Getty was not only licensing images but also selling warranty insurance in case anyone else claimed the images as theirs.  I think you are correct in demanding proof and shoot not settle for BS claims.

jannie

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Re: Getty Images and LCS
« Reply #2 on: March 11, 2016, 05:57:45 PM »
The strange thing is that the image in question has disappeared from 3 sites that sold it before and now its only available on  Getty, even the photographer, who had it on sales when I compiled the list of available images pulled it. But seems to back now, but still not available on the other 2 sites?

Robert Krausankas (BuddhaPi)

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Re: Getty Images and LCS
« Reply #3 on: March 13, 2016, 10:19:00 AM »
see if you can find the image on those other sites using archive.org, surly a screen shot of such would be sufficient for getty, since they seem to supply screen shots as "evidence" on a regular basis..

I'm curious as to how signed their response letter, most Getty employees are dumb as fuck.
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Matthew Chan

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Re: Getty Images and LCS
« Reply #4 on: March 21, 2016, 02:21:54 PM »
Well, as far as I know they are low-end hourly wage clerks.  You know they aren't getting necessarily the brightest when they are fishing on college campuses for young lawyer wannabes who have zero work experience.

It isn't hard to cut and paste pre-written, canned replies. I could train a teenager to do that.

I'm curious as to how signed their response letter, most Getty employees are dumb as fuck.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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