ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: igotletter on December 07, 2013, 01:41:40 PM
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Yesterday I received an unauthorized use letter from Getty for one image asking for $965 in "damages". I immediately took down my site. Then I started doing research and have been reading non-stop. Thank you for this site and forum.
1. I'm in WA state. I'll hire an atty. to handle this - I have no patience for these guys or this. I just finished closing my Mom's estate and received plenty of unwanted phone calls - I'll take none from Getty.
2. If there was infringement (not sure there was - I deeply respect copyright and did all I could to prevent infringement), I feel horribly. But...this is insane. I've had to enforce my own copyright and TM before. First step is to send a cease and desist. Right? That's what my attorney instructed me to do. Anything beyond that is not looked favorably by the courts. Is this correct?
3. I cannot find the image Getty sent me anywhere on the web (now). I recall searching for the images using Google stock images free. Then I followed the hyperlinks to do my best to verify the images were free. So this is upsetting.
4. I'm scared of getting more letters from Getty about other images on my site. How often does this happen? Because I was already diligent in this matter, I felt safe b/c I'd taken careful measures to ensure I had used free images. OTOH, I also had many images that I had taken myself b/c I was unable to find images that I was confident were free to use - so I took the time to do this and be within the law. Makes this burn even more.
5. Does Oscar's group successfully handle cases in WA state?
6. As others have stated, my site is a small business site. It gets few visitors, has not been up long, and is simply for informational purposes. This is a side business for me (more of a community service).
7. I looked to see if Getty or the photographer has a copyright in the US and cannot find one. It's a generic-enough image. The photographer is from outside the US.
8. Am I in a better position to have Oscar handle this, or to have an IP atty. in my state handle this? It seems Oscar has great experience with Getty. The IP atty. I've used in the past is more experienced with TM and manufacturing, not digital. Plus, he'll charge me $450/hr. So, if I use someone in my state, I'll need to find a new atty.
I'm educated. My heart breaks for people who get this letter and are unaware of their rights.
Btw, the WA State Atty. General is very good. Do file a complaint with them. This will eventually be addressed. I've had great experiences with their office.
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We represent folks all over the country on this issue and have over 25 years experience in litigation. While I work in all areas of IP (except patent law) I have a tremendous amount of experience in this niche area and the fee I charged here is a great bargain, plain and simple.
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Oscar is correct. He has handled well over 800 of these cases and for the two hundred bucks it is an incredible value. I don't think you will find anyone more capable than Oscar!
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Thank you for both of your replies.
Great info on Oscar and makes sense. I respect his experience in this niche. I read not to call his office but I'm unsure what the procedure is for getting my info to him - I will read up on it today.
Isn't it standard practice to send a cease and desist before asking for damages?
Has anyone received an initial first letter and then received additional letters about other images on their site? I did everything I could to make sure I was obtaining free images. I am now scared of the other images that were on my site (now taken down - a time, cost and hassle to rebuild). I'm fearful of receiving more "unauthorized use" letters. Has anyone else had this fear? It makes sense to me that if they scanned my site, they went over all the photos. Who knows what will come in the mail today.
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It's not standard practice to isse a cease and desist first, not is it required by law..it's just the polite way of doing business. FREE images?? Nothing is free, if you did not take the image yourself or create the image yourself, someone somewhere owns the copyright, unless you gut the image from a public domain government site. Bottom line is if you do not have reciepts or express written permission, you are at risk, not so much from getty, as they would have included any other images on the original letter, but they are not the only copyright trolls out there...there are many more.
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This link will tell you how to contact him.
http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-defense-letter-program/
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you can also email me at [email protected] To answer your other question while it is common practice to first send a cease and desist letter (especially for such a minor infringement) it is not the law -