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Author Topic: A new collection Agency working with getty  (Read 23946 times)

Moe Hacken

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Re: A new collection Agency working with getty
« Reply #30 on: July 13, 2012, 09:40:36 AM »
That's an interesting angle, Couch_Potato. The following is the explanation given in Getty's boilerplate FAQs:

Quote
Getty Images International is an Irish resident company. Pursuant to Irish VAT regulations, legal settlements are subject to Ireland VAT. If your company is VAT registered, please provide us the VAT number before the payment is made so no VAT will be charged. If your company is not VAT registered, the VAT will need to be collected with your settlement payment.

Two things come to mind from this statement. First, that the Irish VAT may work in a similar way for businesses outside Ireland to the way sales tax applies in different states of the US to businesses from out-of-state. The business has to have the right to do business in the state to begin with, and it must register with the proper tax authority to collect sales tax for the state. Second, the language clearly states that the payment is for a settlement. Again the question is raised: Why is a debt collection agency involved with contacting anyone to collect on a settlement that has not even been discussed at any length? The collection agency should not be involved unless the matter has been settled one way or another.

I find it very distasteful that Getty Images is taking the posture that the matter is final without any discussion and that the settlement amount has automatically become a debt that can be collected through an agency.

Again they prove to be acting in bad faith, relying on the fear and/or ignorance of their victim to extort an unfair amount of money for an infringement that may very well be innocent. Worse yet, it may be that Getty does not even have the right to enforce the copyright in question.
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Couch_Potato

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Re: A new collection Agency working with getty
« Reply #31 on: July 13, 2012, 11:40:05 AM »
VAT is complex in the EU but the link below is the best summary.

http://ec.europa.eu/taxation_customs/taxation/vat/how_vat_works/vat_on_services/index_en.htm

One thing of interest though is when Getty pass the case over to their lawyers in the UK the letter from the lawyers ask you to make payment to their bank account and not Getty's but Irish VAT is still charged. That is something I'd check with HMRC along with whether Irish VAT should be applicable when you are dealing with a company in the UK even if their head office is in Ireland.

I know from painful experience how difficult HMRC can be but when if I find myself with some spare time in the near future I'll phone them and get their opinion on all of this.

Moe Hacken

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Re: A new collection Agency working with getty
« Reply #32 on: July 13, 2012, 11:58:02 AM »
Great idea, Couch_Potato! When you call them, you could frame your question as a complaint for unfair practices. Might as well get it on Getty's record.
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Couch_Potato

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Re: A new collection Agency working with getty
« Reply #33 on: July 13, 2012, 03:49:20 PM »
Yeah it wouldn't hurt to throw in a complaint.

If you're going to harass a lot of people for money you better ensure your own house is in order. We'll find out soon enough.

 

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