ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: RhiannaClarke on September 27, 2011, 12:12:41 PM
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My client received the letter but the image Getty refers to is only a small part of the overall image on my client's site - who is a doctor.
Getty's image shows a cup with coarse salt. The image used on my client's site has a small cup of sugar with a leaf hanging down over the sugar. And the cup itself is different from Getty's image.
In researching this, I found the same image my client used on 430 other websites and Google believes the image originated with Stevia.com My client phoned GI and was told that the pixels in the cup match their image even though it is reversed. The "cup" in this image is so different from Getty's image, it is laughable.
I am not sure how to proceed. Reply to GI this image is on 430 other sites and originated with stevia.com? Take the step to retain the lawyer here for $200? Can anyone suggest what's best?
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hmmm a couple of points to make..
1. How many sites the image is on is probably irrelevant, the stock companies sell the same images over and over again. There is no way to tell how many of those 430 actually licensed the image or how many grabbed the image from elsewhere.
2. If the image did come from stevia.com, is it actually stevias' image or did they get it from getty?
3. Is the image reversed or is it a completely different image?? If it is simply reversed or altered, it would still be copyrighted.
I'm seriously thinking that picscout has some issues in it's matching, as I've seen first hand a similar situation.
Bottom line is you will have to make some sort of decision, as I don't recommend ignoring it. If you're looking at just making it go away, you could open a line of communication with Getty and offer then a fraction of what they want...they won't accept it, but at least you made the effort, which is a point for you...
I should throw in there also that GI probably won't deal with you on this, they will only want to deal with your client since your client seems to own the domain name in question.
another option is to offer them 200.00, when they refuse use the money to retain oscar to draft a letter, which will at the very least take your client out of the loop, again your client would need to retain oscar's services.. or if your feeling fiesty and it is indeed a different image you could fight it tooth and nail, hire oscar or another ip attorney to not draft a letter,but to actually go back at them and give them a taste of their own medicine.. I'm not an attorney and this may not be the best option, or an option that would be worthwhile in the long run..it just kinda popped into my head.