Modified Image

[ARB]

Hi all,

Let me first say what a great resource this site has been, having just received my first extortion letter...  Thank you!

My question involves the use of a modified image...  Here's the story: my web designer had used an image that was listed as being free on Google.  Evidently, this image was a modified version of an image that's licensed through Getty.  In the letter from LCS, they show the thumbnail of the licensed image and the image used on our site.  They are not exactly the same, but clearly, the imaged used originated from the Getty image.

1.  Should my response be focused on the fact that the images are similar but not the same?

2.  Does the fact that we (allegedly) used an image that was a modified version of the original have any real impact on our case?

3.  I assume that the fact that it was listed as being free on Google would not make a difference...  Is that true?

Thank you in advance for any advice you can offer! BTW, my extortion amount is in the $700's.

[stinger]

First and foremost, take the image down.

Because google led you to believe the image was free, does not make that so.

Because someone modified a copywritten image and led you to believe it was free, doesn't make it so.

My advice is to ignore them.  Make them think you don't even exist.  In the mean time, document where you got the image and why you thought it was free, just in case.

Read the forum.  Get educated.  Bottom line is you will need to make the decision(s) that you think right for yourself.  The more educated you are, the easier that will be.

[ARB]

Thanks, Stinger!

The image had already been taken down prior to receiving the letter, and does not reside anywhere on the server.  We unfortunately don't have a record of where exactly it was offered as being free, and it's no longer listed as a free image on Google.   

<<My advice is to ignore them.>>  Oh?  I had the impression that most people respond and request more info...  Have you (or anyone) experienced or have heard that they will typically or often go away if they're ignored?

Thanks again!

[stinger]

I believe License Compliance Services is another name for Getty.

Getty doesn't file a lot of lawsuits.  They certainly won't file unless they believe there is something to be gained.  The less they know about you, the less likely they are to want to risk spending money on a suit that might garner them zilch.

That would be my strategy if it was a single image incident and there was no public information available about me.

[Greg Troy (KeepFighting)]

LCS is owned by Getty and send out letters on behalf of Getty Images as well as a long list of other clients.

As far as a modified image goes I have seen Getty send a letter where only a little white cloud that was in one of their images was added to a picture.

You also have the option of filing a complaint against Getty/LCS with the Washing State Attorney Generals office if you feel what they are doing is wrong.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

[ARB]

Thanks guys.  I'll ignore them!