Being the middle man (getty - webadmin - client)

[rawr]

Hi Everyone,

Thanks for taking the time to read my topic, this forum has been extremely helpful in understanding the situation.

I am a web-admin for various clients, and one of them got hit with the usual letter Getty sends out for one image on a banner that I put together for them, my source came from an image pack I downloaded a few years ago that was license free (the source no longer exists). I have been helpful to the client and have even sent an email to Getty trying to settle the matter but they never respond to me directly. My client wishes me to "take the reigns" in trying to resolve the issue. My questions are:

1) Do I even have that right? Does Getty even acknowledge me as 3rd party it would talk to? I am not listed as an owner of the website and the case is between Getty and my client.

2) What are my liabilities with Getty? I understand that there would be issues between me and my client but would Getty target me instead? (reason such as: I have more websites for more potential violations, I am more available so they will bother me instead, etc.)

3) Getty states that it is the owner of the website who are liable rather then those such as web admins or web designers, how would they regard me if I were to call them? I do not want to be on the radar or admit anything.

I don't want to shoot myself in the foot or throw myself under the bus, but at the same time I would like to help my client as much as possible. Any thoughts on this matter would be helpful. Thanks for your time!

[SoylentGreen]

It's up to Getty as to whom they go after.
They usually go after the end user, as it's easier to prove, and it affords them the ability to pit the developer against their client.
It's a lot of leverage for them.

Getty could target you instead if they wanted.  But, that's much more difficult for them.

You could call Getty and talk to them.  They will likely say that you can pay it, otherwise they'll go after your client.

If your client ended up paying Getty, your client could file suit against you to get their money back.

S.G.

[Greg Troy (KeepFighting)]

Hi rawr and welcome to the forums.  Here are my thoughts on it and the others will chime in and add or correct as needed I’m sure.

1)   Do I even have that right? Does Getty even acknowledge me as 3rd party it would talk to? I am not listed as an owner of the website and the case is between Getty and my client.

Getty will most likely not care and continue to go after the client unless full payment is made.  It is only about the money with Getty, they do not care about the who, what, where, why and how of the situation, they just want the money.

2)   What are my liabilities with Getty? I understand that there would be issues between me and my client but would Getty target me instead? (reason such as: I have more websites for more potential violations, I am more available so they will bother me instead, etc.)

There are a lot of issues here; you may wish to consider a support call with Matthew as he can address each in detail. You must assess the risks for you and your client but I will say that Getty has not sued anyone over one image.

3)   Getty states that it is the owner of the website who are liable rather then those such as web admins or web designers, how would they regard me if I were to call them? I do not want to be on the radar or admit anything.

Don’t call it’s a waste of your time and will get you nowhere, do everything in writing.  Keep reading as there is a lot of information in the forums that will cover most things, but again, Getty doesn’t care as long as the image is taken down the only thing they want is money. 

They are senging you an invoice but they did not provide you with proof that they hold rights to the images to pursue claims against it and they won’t.  I would never pay any invoice without proof they the money is owed.

Again, consider talking to Matthew on the phone.  A good place to start is here:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getting-help-with-your-extortion-letter/

Hi Everyone,

Thanks for taking the time to read my topic, this forum has been extremely helpful in understanding the situation.

I am a web-admin for various clients, and one of them got hit with the usual letter Getty sends out for one image on a banner that I put together for them, my source came from an image pack I downloaded a few years ago that was license free (the source no longer exists). I have been helpful to the client and have even sent an email to Getty trying to settle the matter but they never respond to me directly. My client wishes me to "take the reigns" in trying to resolve the issue. My questions are:

1) Do I even have that right? Does Getty even acknowledge me as 3rd party it would talk to? I am not listed as an owner of the website and the case is between Getty and my client.

2) What are my liabilities with Getty? I understand that there would be issues between me and my client but would Getty target me instead? (reason such as: I have more websites for more potential violations, I am more available so they will bother me instead, etc.)

3) Getty states that it is the owner of the website who are liable rather then those such as web admins or web designers, how would they regard me if I were to call them? I do not want to be on the radar or admit anything.

I don't want to shoot myself in the foot or throw myself under the bus, but at the same time I would like to help my client as much as possible. Any thoughts on this matter would be helpful. Thanks for your time!

[Robert Krausankas (BuddhaPi)]

I'm going to cut to the chase here as a web developer, and web host provider, this is what I would do and have done in the past to assist my clients and keep them happy, which is of utmost importance to me..

Have your client hire Oscar to draft the letter, then you somehow pay back the client, whether in cash, or future work... this is the easiest solution to keep everyone happy.

I've had a client get the letter ( actually 2 clients). the client supplied the images to me, so it was not my fault in any way shape or form, I had them hire Oscar and credited their accounts, it solved the issue and my client were more than satisified.

[Greg Troy (KeepFighting)]

I like that BuddhaPi, clean, simple, and done.  I was looking at from the point of defending it yourself, but I agree with you I think would be the best way to go.

I'm going to cut to the chase here as a web developer, and web host provider, this is what I would do and have done in the past to assist my clients and keep them happy, which is of utmost importance to me..

Have your client hire Oscar to draft the letter, then you somehow pay back the client, whether in cash, or future work... this is the easiest solution to keep everyone happy.

I've had a client get the letter ( actually 2 clients). the client supplied the images to me, so it was not my fault in any way shape or form, I had them hire Oscar and credited their accounts, it solved the issue and my client were more than satisified.