ADVICE NEEDED: How to deal with Getty

[GettyVictim2010]

First of all i would like to that you guys for creating this website and offering your assistance for dealing with Getty and their outrageous claims. I have read through many of the posts here and after receiving my unauthorized use letter i have responded using some of your methods.

Let me sum up my story:
I am a web designer and I built a website for my client about a year ago and they recently got the letter. The image in question was an image i got from a website which posted the image and advertised it as free/royalty free and that all rights/licenses/uses of the image were covered so i believed I was covered. Fast forward to a couple weeks ago and my client receives the letter stating that Getty images owns the image and they demand $1225 to settle the issue. A bit shocked I immediately removed the images from the site and attempted to find the site where i originally found the image but it could no longer be located and the only copy of the image i could find was on the Getty images website with a large watermark on it. Is it possible Getty is posting their images on sites like this in order to later come back and accuse people of copyright infringement? So I sent them an email stating my situation and I received the usual response that Getty images manages the rights to the image and that i must pay their ridiculous licensing fees. They did reduce the amount to $1050 as a gesture of "good will".

This is when i found this website and after reading many of the suggestions i responded by asking for some official proof of their claims, I asked for proof of the image copyright registration exclusive to your company for the dates in question in addition to providing proof that the image in question could have no other possible avenue for distribution except through their company. I offered $100 if they could not provide the registration in good faith and $200 (the lowest amount for innocent infringement) if they could provide registration.

This is where i got a lengthy response explaining that the site in which i acquired the image did not have permission to use the image and that the image in question has always been a rights managed image exclusive to Getty images. They also gave some brief explanations about copyrights and that they are entitled to "actual damages" from the use of the images. They also state the "actual damages" are not defined in the copyright act and that they believe this to include the actual cost of licensing the images (at their outrageous inflated rates) PLUS any other out-of-pocket costs directly related to the infringement. They also declined both of my money offers and never provided the information i asked for which was to show proof of the copyright registration and proof that they represent the copyright owner.

This is where i would like some help, How should i proceed? Since they will not show proof of the copyright registration or proof that they represent the copyright owner should i assume they do not have it? and that they cannot get their attorney fees and statutory damages awarded if this were to go to court? Any suggestions on how to proceed would be greatly appreciated because I do not want to give Getty images any money for a crime i did not commit, especially for an extremely out of proportion demand.

PS- I have never seen images priced as high as on the Getty images site, most images of comparable quality/size/content are in the $10-$20 range.

Thanks in advance...free free to send me a private message if necessary.

[GettyVictim2010]

I also have a few Questions for Oscar or anyone else who has used the program about his letter program and exactly how it works. Lets assume that i would have Oscar write a letter to Getty for me....Could i consider this done on my end? or is this matter still technically open? I would also like to know out of all the people that have used this option, has the problem been resolved in the two letters Oscar is willing to write or does it typically involve more? I also have one more question, Lets assume that Oscar writes a letter for me, but later on down the road Getty finds out a way to get around Oscar and his program can they then come after me again and everyone else who has used this program?

[infringer]

IANAL and I haven't used Oscar to represent me, but let me try to answer some of your questions:

If they won't send you the copyright registration then you can only assume that they don't have it.  As you know from reading this site, they are not entitled to statutory damages and attorney's fees without a proper copyright registration at the time you were using their image.  Considering that attorney's fees are upwards of $5000 in such a case, it doesn't make any sense for Getty to sue over a $1000 claim.  As you've stated, their pricing is ridiculous and no way represents the actual damages that would be awarded anyway.  You have two options: 1) stand your ground with Getty and handle the matter personally or 2) hire Oscar or another attorney to write a letter to Getty stating your position.  Once you have an attorney contact Getty all correspondence with you has to go through the attorney.  You're still liable of course, but the letter works because Getty can't bully you directly anymore.  They will see that you're educated and move on to lower hanging fruit.  I don't see any way for them to get around that.

[Oscar Michelen]

Let me address these questions by saying I hesitate to openly reveal on this forum the exact details of what results form my correspondence with Getty.  Suffice it to say that I have represented hundreds of companies and individuals through this program and have been able to stave off litigation from Getty. Also once Getty is aware that you have retained an attorney they cannot contact you directly.   Its not about "finding a way around" the program.  The program is simple:  Matt and I have raised viable arguments regarding the nature of the claim and the amount of damages they seek. They have been set forth at length on the site in many places. They will remain viable as long as the Copyright Act is not amended to render them non-viable.

[GettyVictim2010]

Thanks for the feedback, I am going to send them another email stating that if they cannot provide proof of copyright registration then i will consider this matter closed as it doesn't make sense to sue over a $1000 claim and if they continue to pursue then i will direct them to you Oscar

PS: what is the best way to get a hold of you if i decide to use your services? email?

[Oscar Michelen]

yes  reach me at xxx