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 â 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 Imagesâ 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 âRights-managedâ in this window (under âLicense type: Rights-managedâ 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 Imagesâ 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 oneâs 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 œ 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 âroyalty-freeâ 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 ârights managedâ basis. In addition to being of a higher technical quality, a Getty Imagesâ 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 âeach size and useâ 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
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 â 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 Imagesâ 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 âRights-managedâ in this window (under âLicense type: Rights-managedâ 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 Imagesâ 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 oneâs 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 œ 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 âroyalty-freeâ 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 ârights managedâ basis. In addition to being of a higher technical quality, a Getty Imagesâ 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 âeach size and useâ 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