ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: Matthew Chan on June 21, 2011, 11:08:15 PM
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For the first time, we will be attempting to answer the most important and frequently asked questions through our video update. We will answer some questions that haven't yet been asked!
Now is the time to get updated with the latest information and insights from the two people (Oscar and I) who have lived, monitored, reported, and advised thousands of letter recipients for the last 3 years.
What your most important questions you want answered regarding Getty Images, Masterfile, Imageline, Righthaven, defense letter program, extortion letters, etc?
Matthew
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1) For the case where an image is taken down upon receipt of the Getty letter, and three years have subsequently passed without hearing from Getty: Is there any plausible theory that Getty could use to still sue, or can we just consider the case closed?
2) In the case where an image had been used since 1/1/2005, discovered by Getty on 1/1/2010, taken down on 1/1/2010, and Getty sued on 1/1/2012, would actual damages be calculated as 5 years use ( entire infringing period ), 3 years use (statute of limitations), or 1 year use (because only 1 year of infringement falls within 3 years preceding filing of lawsuit)?
Thanks!
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Lettered: No need for you to wait for the video for these two important and oft-repeated questions:
(1) The statute of limitations in copyright infringement is 3 years. I would use the date that Getty was notified by PicScout that its images were being infringed as the date that the statute BEGINS to run. Since that is hard to find out, the safe bet is to use the date of Getty's first letter to you. 3 years after that Getty would be time-barred from commencing litigation in most cases.
(2) In any action that Getty would bring, the statute of limitations would serve to limit damages. So even if your site had the image for 9 years, Getty could receive no more than 3 years worth of damages.