Leaning towards the ignore method, but a little worried….

[Apollo]

First let me say a huge thank you to everyone at this community including of course Matthew, Oscar and whoever else is responsible for maintaining and providing this forum!!

Here's my story in a nutshell:
- my wife used a photo she found on Google images on a school project website
- the image had no watermark or any indication of being copyrighted
- we got the first letter over a year ago saying we owed $950
- we panicked and called the 1-800 number
- my wife told them it was completely unintentional and was for a school project
- they said if we paid within 10 days they would accept $850
- I immediately removed the image from the website
- we then gathered our thoughts and started researching and found this website along with other info out there
- we then went into "ignore but consider our options" mode
- life got busy and we got 2 more (if memory serves me) from Getty and then 3 from NCS IP Solutions
- last week we received a "Final written request for settlement" from NCS

We live in Ontario Canada and from what I've read this could factor into what happens going forward.

One thing that's interesting is that the image we used was actually cropped from the original (not by us) so it was actually a modified version of the original image.  I don't know if that has any impact or not.

I'm leaning towards continuing to ignore but I am a bit worried that I'll get a letter in the future to appear at some court or something.

Thanks for any and all responses in advance.

[Lettered]

If I were in your shoes, I'd be inclined to write them and tell them that their CEO Jonathon Klein gave the OK for using Getty images for school projects without buying a license.

http://techcrunch.com/2012/03/22/for-pinterest-revenue-will-turn-copyright-questions-into-problems/

But he hasn’t eliminated the ability to right-click on a Getty photo and save it to your computer. Anyone with the most basic of Photoshop skills could easily get rid of the Getty watermark within minutes. That’s because he’s not concerned about people playing with Getty photos, teenagers using them for school projects, and folks putting them up on their personal blogs — or, at the moment, even Pinterest.

So when does Getty snap into action? The moment that a website starts running ads alongside those images. As Klein told me in the interview embedded above:


“We’re comfortable with people using our images to build traffic. The point in time when they have a business model, they have to have some sort of license.”

[Jerry Witt (mcfilms)]

What lettered said. Reply once, tell them the use was within what the CEO of the company said was allowable. After that I'd ignore other "demand" letters.

[Greg Troy (KeepFighting)]

I concur. 

[Apollo]

You guys are so awesome... thank you sooo much for the quick responses!!!!

[stinger]

That does not mean that they will stop trying to collect.  I believe NCS is a collection agency.  If so, you can tell them that this is a claim, not a debt.

If not, you are over one year into the three year statute of limitations.  Don't let them rattle you.

[Greg Troy (KeepFighting)]

They are a collection agency, let them know that if they continue to contact you after explaining that this is a claim and not a debt you will file a FTC complaint with every contact.

That does not mean that they will stop trying to collect.  I believe NCS is a collection agency.  If so, you can tell them that this is a claim, not a debt.

If not, you are over one year into the three year statute of limitations.  Don't let them rattle you.

[Matthew Chan]

Apollo,

You are a Canadian. It won't be as easy for them to touch you as the folks here in the U.S.  Talking to Getty will get you nothing but grief and you will only identify yourself as low hanging fruit waiting to be picked off.  Don't be that fruit.  Be a mushroom and go dark for awhile and stay in touch with ELI.

Plenty of good info and support here. Come back and stay in touch.

[Apollo]

Hmm.  I was actually part way into writing a letter when I checked the forum and saw Matthew's reply.  I was convinced that a letter to them basically stating that

1) I immediately removed the image and
2) it was for a school project

was the way to go.  But now it seems maybe Matthew is suggesting not sending them anything at all?

Thanks again for helping me out!  Very much appreciated.

[Jerry Witt (mcfilms)]

The bottom line is, they will pester you no matter what. By replying once there is a very slight chance they may realize they are wrong (probably not). By not replying, there is a very small chance that they may think they have the wrong address and stop sending letters.

So really, you have to do what you feel comfortable with.

[Lettered]

Personally, I don't agree with the approach of completely ignoring them.  Though, after asking for proofs and stating my case, I don't think I'd engage further than that.  Best thing, I think, is Oscar's letter.  That has the added benefit of not hearing from them again in many cases, I think.

Hmm.  I was actually part way into writing a letter when I checked the forum and saw Matthew's reply.  I was convinced that a letter to them basically stating that

1) I immediately removed the image and
2) it was for a school project

was the way to go.  But now it seems maybe Matthew is suggesting not sending them anything at all?

Thanks again for helping me out!  Very much appreciated.