Can copyright law [likely] be changed?

[Lettered]

Assuming Getty is right about the copyright in the demand they sent me (they provided no proof) I am at worst an innocent infringer (first offense) unknowing victim of a third party web designer for an unregistered image.  I took the images down as soon as I received their letter.

Honestly, from a moral perspective, I dont think I should owe Getty images a single thin dime.  That said, I understand the current US law and I do believe as a law abiding citizen, I owe (IF they provide proof of copyright) them something (though certainly not $1000 + per image!).  I would be willing (even though I disagree with the law) to pay them what the law allows ($49 low resolution web use license fee, or $200 statutory damages).

In the very least I think website owners should have zero liability where they can show they are unknowing victims of third party designers or image resellers ... especially on first offenses and especially when they imediately take the images down when challenged.

Is there any way we can capitalize on Mathew's and Oscar's hard work here on this site, and on the community outrage against this sort of behavior, to lobby (as a group) for a signifcant change in copyright law that makes sense?   Is there anything we can do as a community effort to be heard and have a chance of some change to the existing copyright law?

[Oscar Michelen]

Two comments on this:

(1) This was discussed on another post of mine where I suggested bringing US law in line with UK law.  In the UK, if the user proves an innocent infringement, the court will not award damages.  Matt and I have been discussing putting up a petition to get online signatures to change the law, but we feel we need to get a little closer to getting some resolution from Getty on these claims. You can look at the great FSB forum which we link to on our homepage to see the Getty discussion going on in the UK.

(2) I am awaiting Getty's latest response to our most recent series of letters. They keep changing their position as we keep showing the errors of their prior positions. Soon we will either have to stop engaging them and just wait for a lawsuit to prove who's right or bring an affirmative class action to declare all our clients "innocent infringers" and assess damages. Remember many folks may have a defense to the copyright as these photographers did not exclusively provide the images to Getty so some of the people receiving these letters got the images with license and permission from the actual owner of the image.

[Lettered]

thanks Oscar.  you are very much appreciated.