Getty Letter Advice

[charles26]

Hi,

 I am sure that this will sound like a story heard before but if you could either comment or refer me to other posts in the forum I would really appreciate it.

  I received a letter from Getty in June 2013 similar to others stating I was in copyright violation seeking damages of $965. It was build by a third party in 2011 and I am not sure if Getty bought the image or always owned it. Either way I was not aware.

  I ignored the first letter. I then changed the image ( silly me to istock photo also owned by Getty. That image I bought the rights , I am just gonna use my phone and take my own I think)

  I then responded by email that I was not aware and as soon as I was I changed the picture. I was then responded to by a representitive of Getty saying that was not enough and that fair compensation is required. I then called the person and said my understanding for unintentional infringement was $200 per US Law.They said that is for damages not fair compensation . At that point I was offered a "discount" to $700 but with one week to decide. I looked and the photo costs $30 so I guess my question is how is fair compensation $700?

  That is why I am writing the forum. I am sure this scenario plays out for many of the members here unfortunately. While I sympothize with those who take the photos, however for unintentional violoation I do not understand the dollar amount.
 
  I am wondering what the best next steps are in this process and what options I have?

 Thanks in advance to everyone especially Matthew & Oscar.
 

[stinger]

What is fair to one person is not always fair to another.

I am sure the people making the offer consider $700 out of your pocket and into theirs as more than fair.

As an outside observer, I could not see that as being fair to you.  For Oscar's $200 letter program, your situation would likely end up $500 fairer.

If you are willing to educate yourself and fight these trolls, which may amount to more than $200 worth of your time, you might survive this without paying them a dime.  Again, as an outside observer, I would see that as fairer to you.

Ultimately, you have to decide what is right for you.  I agree that you should just take your own pics in the future.  For now, you have options.  You do NOT need to rush.  Get educated, make a decision that is best for you, and that will likely be fairer to you than what they are proposing.

Good luck!  Keep us informed of your efforts.  Many people here will be willing to give you their impression or reaction to your ideas.  Ultimately, you need to make your own decisions about how you prefer to deal with this.

You will have a lot of support.

[Robert Krausankas (BuddhaPi)]

exactly what stinger said......and get educated first!

[Greg Troy (KeepFighting)]

Agreed, Stinger is spot on as usual.

[Oscar Michelen]

Indeed Stinger is on the money