A New Twist in the "Getty Letter"

[HereWeGoAgain]

A little over two years ago we received the dreaded "Getty Letter"... demanding over 7K for 6 images.  After digesting the wealth of information found on your forum, we chose to do nothing. We never heard from Getty again - until this past week.

The new letter, comes with a new twist... Whereas the first letter was the standard letter that is so talked about on this forum, originating from directly from Getty, this NEW letter comes from McCormack Intellectual Property Law, a guy named Timothy B. McCormack, on behalf of Getty Images. This letter is demanding even more than the last letter for the same images, states we have 3 weeks to settle or they will proceed with litigation.

Just wondering if anyone else has received such a letter from this particular law firm? Has Oscar Michelin received or responded to any letters from this firm or is he aware of their involvement? Not sure if Getty has retained them as an additional form of intimidation, or if now ALL "Getty Letters" are arising from this firm vs. from Getty directly.

If anyone has had a similar experience or any information on letters arising from this law firm, we'd love to hear your story!

[Matthew Chan]

I believe your first mistake was to ignore the letter.  People who ignore the letter and make no effort to explain their situation or circumstances risk the kind of actions you face now. Oscar and I have repeatedly told people NOT to ignore the letters. There should be some acknowledgment, apology, and an attempt to remedy their concerns. It shows goodwill. Should you go to court, you could show that you did try to resolve this. By ignoring it, it only aggravates the situation and Getty.

Having said that, It has been our opinion that there will likely not be litigation for cases involving less than 5 images. We have also suspected that there will come a time where Getty might try to make "an example" of someone. While we have no wish for anyone to actually go into the courtroom and litigate this, however, there is an opportunity to more fully substantiate many of Oscar's arguments which have already been partially substantiated in other related cases.

Getty could technically win a case but still lose big if they are not careful. Let's say a judge found that there was an infraction but the value of the images was only $100 and there were no proven damages.  In my view, any judgment of less than $2,000 would be a clear "loss" for Getty because I can promise that Getty will have spent far more in legal fees to win that. Further, if word got out that they "only" won $2,000 or less, Getty would probably be publicly mocked.  But they would have sent a message that they will litigate.

Keep in mind, continuing with litigation could be simply filing papers and the suit.  It does not necessarily mean they really want to go in front of a judge and risk an embarrassing and unfavorable judgment. But if I were on the receiving end of an actual lawsuit, you can believe I would be getting ready for a big, nasty, and loud battle.

It sounds like Getty is heating things up with threats of litigation.  The question will become a game of chicken and what your risk tolerance level is. In my view, it is time to hire Oscar.

Finally, I am very certain Oscar is very familiar with the McCormack law firm.

[cherieoo1]

WOW
I am so thankful for this site and others. I've know of Getty as credits at the end of Oprah, Leno and others. That's why I feared my letter.

I sent an email to the "LicenseCompliance" site on my letter explaining I am a homebased travel agent making $5000 a year and paid to have a website.  The company I used has dissolved and moved out of state.  I contacted them when I got the letter and she assured me that they would have used pictures from a company called "Constant Contact" which is used make a newsletter and website stuff.

The email I sent explained  that and I was sure Constant Contact was reputable.  They sent an email back stating they would reduce my amt from $1200 to $900. for 2 pictures..

While I was awaiting their above response, my daughter got on the web and found Oscar and other sites.

I am expected to pay by Jan. 27th.  I guess I should send another email stating that after investigation on my part I feel they are being unfair due to the lack copyright claims on the photo.  Also I will be seeking a copyright attorney in my area.

Any thoughts?

Cherie

[Matthew Chan]

What they are offering is pretty much nothing, just smoke and mirrors with that "discount". You can try to hire a different attorney than Oscar but I have very little confidence they will be brought up to speed and understand all the nuances that have occurred in the last 3 years.

[cherieoo1]

I didn't understand I guess.  I didn't know we could use Oscar.  
Can you email the info?

[Matthew Chan]

His contact info is on the home page of our website. http://extortionletterinfo.com.

[cherieoo1]

Thank You

I've sent an email but as of yet haven't heard back.
Do you know how long it takes for a response?

[Oscar Michelen]

Cherie:  If I have not yet responded to your email its probably because I did not receive it. Try re-sending it to me at xxx or call me at 516 741 3222 on Monday morning after 11 am NY time

[sundog49]

I have made some posts I can no longer find. As I believe I observed the rules, along with expressing my gratitude for the site and willingness to donate and retain Oscar, I'm wondering why I can't find them.  May I be PM'd as to what occurred?  Thanks.

[Matthew Chan]

That was my mistake. You did nothing wrong except the message was in the wrong place. I made a mistake of deleting the posts when I should have moved them. Sorry about that. It doesn't happen often but it did this time.  I apologize for that.

Matthew