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Author Topic: Blog Post Extortion Letter  (Read 4954 times)

DCDC

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Blog Post Extortion Letter
« on: November 01, 2014, 03:08:13 PM »
First let me tell you all that I have been lurking here for a month or so after I got my initial letter and would like to thank the regular contributors for their consistent help to newbies like me who are receiving letters.  In my opinion you are helping to stop something that is wrong, and that is commendable. Thank you.

My situation is this:

My office website (solo practitioner doctor's office) has a blog as one of the website tabs. The blog is used ONLY for educational purposes, to tell stories, give testimonials, and educate readers on our style of care, etc. It is a small blog for a small office, with NO advertisements (nor does my office sell any products of any kind).

I received a letter from Getty Images for a picture used on a blog post.  The picture had been up about 4-6 weeks and they wanted @$750 for its use. Although I realize it does not matter, but I am not sure if I put up the picture with the blog post, or if I sent the content to my secretary and she surfed the net and innocently put up the picture.  Upon receiving the letter I TOOK DOWN THE PICTURE IMMEDIATELY.

I spoke to a lawyer friend who told me that he had another friend who received such a letter and they ignored it and there was no followup.  I felt this would not be the case for me, but I wanted wait for another letter.  I got one last week.  Same tact from Getty.  Here is our proof you used our picture without permission, it is registered with us and has our copyright on it, but we will settle.  You can now pay us ONLY $550.
I found it crazy that they would negotiate against themselves before they even had a response from me, and along with everything I am reading here and on the net, is yet more proof that they are out for money.

I have chosen a response that I wanted to run by the folks here (I could post it, but I am sure Getty has trolls in this forum who could use anything I type here against me right?).  I would like to simply write a friendly letter stating that I am upset with their business practices and have responded in good faith by immediately removing the picture, etc. and that I do not wish to pay anything.  I also, would like to give the name of my lawyer friend as a person representing my interest in this matter who will handle any correspondence from here out....... 

Based on the experience of this room, should I reach out in a friendly manner with my response, and direct them to my lawyer, or should I go with the prove to me how much the picture is worth, etc. that Greg uses in his letters?  My instinct is to just respond as a respectable businessman first and it seems like when you start arguing over the price of the picture you are negotiating a settlement and admitting some type of wrong doing vs. an innocent mistake.
Also, should all letters be sent certified mail?
Thank you for your responses

Greg Troy (KeepFighting)

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Re: Blog Post Extortion Letter
« Reply #1 on: November 01, 2014, 03:38:12 PM »
I suggest you do both, a friendly professional letter but also request proof and any settlement of any kind will not be negotiated or paid without said proof of claim.  My first letters were like this until I realized that it didn't matter what I said or how reasonable I tried to be they did not care about anything but the money.  They were not going to send proof, justify the amount or do anything except threat to sue me and that is when my tone started to change in my letters.  I was still professional and did not insult or name call but let it be know I was done and here are your choices.  I outlined exactly what I was going to do if they continued to harass me and sent a rough draft of a complaint letter I intended to file, they called my bluff and the rest is history.

I would need to know more about your case to give any specific opinions but based on your question that is how I would proceed.

Welcome to the forum and keep us posted.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Jerry Witt (mcfilms)

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Re: Blog Post Extortion Letter
« Reply #2 on: November 01, 2014, 03:56:18 PM »
I'm with Greg on this.  If your attorney friend is a good friend, I would ask that future correspondence be directed to him. I would also make it clear that you expect any further contact to contain proof that they are the sole party authorized to represent the image and whether or not they have the copyright registered.

Furthermore, I would mention that investigating their claim will cost you time and money. Should it be determined that they have made this claim in error, you will seek reimbursement for your time and expenses. I also wouldn't bother making the letter too friendly, just professional.

Please do post back your results.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

DCDC

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Re: Blog Post Extortion Letter
« Reply #3 on: November 01, 2014, 10:01:36 PM »
Thank you both very much for your responses.  Greg, I have read your letters that you posted, and I will use them for guidance.  I will try to post some more specific information next week when I am back in my office.


lucia

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Re: Blog Post Extortion Letter
« Reply #4 on: November 01, 2014, 11:42:36 PM »
If you are going to have them deal with an attorney, why not just have the attorney contact them for you? Is it the attorney's fee?

Anyway, as it's a company, if they sue you, you will need to have an attorney represent you in court. I would hope your insurance could cover attorney's fees for representation?

Oscar Michelen

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Re: Blog Post Extortion Letter
« Reply #5 on: November 17, 2014, 10:08:35 PM »
You can check with your insurance company if you have "advertising injury" insurance as that area often covers these claims. Once your lawyer contacts them they cannot contact you directly and have to go through the lawyer who should demand proof of their claim among other things discussed in Greg's and our defense program letters.
« Last Edit: November 17, 2014, 10:48:50 PM by Greg Troy (KeepFighting) »

 

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