Got standard letter which stated I was "previously notified of your unauthorized use of imagery . . ." This was first letter. Was very disturbed and felt "guilty" because I did use the image on my website. Can't remember where image came from but probably from my library of photos I've saved for my own enjoyment from my subscription to John's Background Switcher. It didn't even occur to me at the time nor until I got the GI letter that this was a violation. But, after reading letter and resisting the "ouch" of the fine and wanting to defend my case, I admitted I had legally, but innocently and unknowingly, infringed. Avoided it for few days.
I pretty soon took image off my website though at first dreaded the time to do, come up with another image, etc. Wasn't as bad as my dread anticipated it. Decided to call GI and admit guilt but also that I was an innocent and naive infringer. Told her it was removed from site. Woman was actually very cordial and cooperative but unbending, as you know. Asked if I could work out a settlement. She offered $625 vs. $750 initial fine if paid by XXX date. I thanked her but told her this would be very difficult to come up with but I'd look into it.
Talked to some friends and family and researched topic on internet (thank God we have forums like these!!!!) b/c something inside me said, "Wait a minute. I must have some rights, here. Lots of people are bombarded with photos on internet and nowhere does it say you can't use them--to my knowledge. I think these people are taking advantage of people's naivete. They shouldn't put all these photos out there with such an easy ability to "Save as" and, voila, you have the pic in your computer to view, use, etc." (I totally support this idea of a petition that it shouldn't be so easy for "them" to have all these images floating around and so easy to "save as."
In my research, found encouraging reasons to not pay. Wrote GI an email stating what I learned about my rights. Brought up them never warning me to "cease and desist." Asked them for proof of GI's ownership of photo. Told them not a penny was made from use of image. Told them I learned that "the law recognizes that some people 'innocently infringe' others copyrights (as is true in my case). If the infringer proves in court that his or her infringement was innocent, the statutory damages are often dropped."
Their response was something like: GI is merely seeking the appropriate compensation for the unauthorized usage of our photographer's work. We will not be able to waive this demand, nor will it go away if not properly addressed. Out of respect to our paying customers, and the photographer of the image in question, we cannot let infringers off with a cease-and-desist letter or with just the cost of licensing.
Again, our offer to resolve the matter is $625.00.
I replied: Read your note. I don't feel my rights are considered in this but rather Getty Images is simply dictating one way this can be handled and I have no power or choice in the matter. I will not be sending $625 at this time. I am considering settling it in another manner.
They wrote back but, frankly, I haven't felt like opening or reading it yet. I know she'll basically be saying nothing but that they will continue to pursue this violation.
After perusing this wonderful website -- thank you guys SOOO much --, listening to an hour's worth of two interviews on site, reading A Summary of the Getty Issue in the U.S. by oscar michelen and reading some posts in forum (thank you especially soilent green and buddhapi), I'm feeling more solid that I'm handling this very well. I feel prepared, thx to this site, for what the next steps will be and that's fine. I'm building documentation of steps I've taken rather than just be passive and ignore in case it ever does go to court (which I feel willing to do if it comes to that). Probably most importantly to me is I have asked for "inner guidance" which I'm big on and it has reassured me that I don't need to get all upset about this issue but to take a powerful stand, not give my power to GI. I'm hardly feeling like I have done something wrong/that I'm bad for doing this. It truly was from innocence and naivete. But, now I've learned, won't do it again. Being honest and self-forgiveness is a wonderful, liberating act!!!
Topic: Another infringer and action I took with Getty (Read 4820 times)