"Personalised" response from Doug Bieker

[franksfedup]

Hi Everyone,

This is my first post on the forum but I have been closely watching for several weeks. A few weeks ago I received a letter from Getty - you know - the imfamous settlement demand letter (in the amount of $1100). Anyhow, after speaking with Matthew on the phone I was able to draw up a response letter. After sending the letter, I received what looked like a personalised email from "D Bieker". After Googling the letter, it appears to be just a blanket email with my info copied and pasted. 95% of the email was verbatim to samples that I saw online.

In my original registered letter, I notify them of the following (I'm not going to copy/paste the letter as I don't want the Getty trolls to see) :

- Request proof of image registration, ownership, authority to represent photographer
- Letting them know I removed the image immediately
- Prepared to make a good will settlement offer requested documentation is received (I didn't specify amount but it would likely be $100 or less)
- Questioned the amount demanded vs value of similar images on Getty/iStock (+12000% inflated!)

In addition to the email from "D Bieker", I also received TWO more letters in the mail. The were both IDENTICAL. Not sure why they sent two but they looked standard letters sent to people who questioned their demand letter. It says in bold "Your failure to make payment immediately will result in escalation to our Legal Department and the possibility of legal action being commenced for damages exceeding the amount presently being offered by way of settlement."

I am currently writing another response letter, this one being a little more stern than the last. For obvious reasons (you never know who's watching) I don't to include it in this post. If anyone wants to see it, please message me and I'll send it to you. I'm interested in any feedback you have in order to make my point to the trolls.

Thanks for reading!

[Robert Krausankas (BuddhaPi)]

you might want to draft a compaint to the washington state attorney general as well, and mention not only Getty images, but Dougy Beiker as well..Naturally he sent you a form letter, clerk are just that clerks, they read from a screen of answers, follow the corporate BS as set forth by Lisa Wilmer to a tee and hang around the kool-aid fountain during breaks..

"escalation to their Legal Dept" is almost laughable at this point in time. I can only assume they are referring to Timothy McCormack Seattle Attorney and Getty outside council...he is continually the butt of jokes around here, and has very little respect from any of us..

[Greg Troy (KeepFighting)]

I agree with Robert that you should name Douglas Bieker personally in complaints along with Getty images to as many agencies as possible. I did this in filed complaints with the Washington state Better Business Bureau, the Washington state Attorney General's office, the Ohio State Attorney General's office, my Congressman, my Senator and the Federal Trade Commission and in every one I made sure I name Douglas Bieker along with Getty complaining of legalized extortion. If you would like to see these letters along with my responses, Getty's replies in my counter responses they may be viewed here:

http://www.scribd.com/my_document_collections/3777301

Become a nuisance and a major time suck to them and let them know you are willing to fight them and they will back down and leave you alone. The only caution in this I have for you is do not threaten anything that you do not fully intend to carry out, if your word is no good and they perceive your letters as idle threats they will continue to harass and pester you for the three years of your statute of limitations.

Good luck and please keep us informed as to what you decide to do and your results.

[franksfedup]

Hi Greg and Robert,

Thanks very much for your input. I didn't mention this but I'm Canadian and the statute here is 2 years but I'm not sure if that would apply for this situation as Getty is US based. Maybe someone can shed light on this. 

[Greg Troy (KeepFighting)]

Not sure on the statute of limitations part, but you can still file complaints with the Washington AG’s office, the BBB and the FTC and name Douglas Bieker and Getty for “Legalized Extortion” 

[SoylentGreen]

The statute's 3 years in Canada.

S.G.

[Oscar Michelen]

The Canadian Statute would apply if you and the site are based in Canada. Getty does not traditionally file suits in Canada either. Normally Canadian residents receive letters from Getty's Canadian office. A US lawyer really shouldn't write a Canadian resident about a Canadian copyright law violation unless he is admitted to practice in that jurisdiction. That's why we don't accept cases from Canada for our letter program.