Client received letter; Join Defense Letter Program on their behalf?

[FrustratedDesigner]

Hi, all. I was informed by a long time client last week that they had received a letter from Getty concerning a single image used on their website that I provided for them some many years back. Getty is demanding $780. As I value their business, I'd like to shield them from this as much as possible. From the reading and research I have conducted, I understand that Getty is not likely going to deal with me even though I am the responsible party (technically, even if not legally). Can I enroll in the Defense Letter Program on my client's behalf, or will they need to do that? Once that has happened, will all correspondence then go through Oscar's firm? What I'm attempting to do here is remove my client from the process; I don't want them harassed. I'm just not sure if that's possible. Any thoughts?

Thanks in advance.

[Matthew Chan]

We have plenty of experience in dealing with situations like yours. Oscar will be able to work with you with some caveats. The client will have to approve of the arrangement.  You should know that they WILL NOT totally removed from the situation. But once Oscar's office sends their letter, all correspondence and communications going forward will be directed to him essentially halting the harassment.

Essentially, you would be paying for your client's legal representation but you would be allowed to interface with Oscar's office once your client approves of it.

[Robert Krausankas (BuddhaPi)]

Kudo's to FD for doing he right thing and standing up for his/her client..

[FrustratedDesigner]

Matthew, Robert. thank you for your replies. I want to do the right thing; a mistake was made, and an infringement occurred—even if unintentional. If the demand was more reasonable, I'd be happy to pay and call it a lesson learned. If I enroll in the Defense Letter Program I want to ensure that any mutually agreed settlement does not go beyond the original settlement amount, including the fee for the Program. In other words, is there a to gauge the likelihood that the final settlement, plus the fee for the Defense Letter Program, will be in excess of $780?

Thank you again, guys.

[Robert Krausankas (BuddhaPi)]

Hey Frustrated!

Chance are very good that they will NEVER file suit over 1 image..so the "settlement" amount is a moot point..chances are you will pay oscar and that is all..Getty gets nada and they can't harass you.. In my case I hired Oscar and getty did come back with a "reduced" amount to settle, which i promptly turned down..never heard from them again....you're in good hands with Oscar

[Oscar Michelen]

Many web developers enlist the Letter Defense program because it means your client would not be contacted any further as Getty would have to write my firm instead of the end user. As you can learn from perusing the thousands of posts on this topic, Getty will transition to letters from a company called NCS to eventually its preferred lawyer Tim McCormack for a total of about 6-10 letters and emails and occasionally McCormack's office will also call. 

[Robert Krausankas (BuddhaPi)]

Many web developers enlist the Letter Defense program because it means your client would not be contacted any further as Getty would have to write my firm instead of the end user. As you can learn from perusing the thousands of posts on this topic, Getty will transition to letters from a company called NCS to eventually its preferred lawyer Tim McCormack for a total of about 6-10 letters and emails and occasionally McCormack's office will also call.

I'd personally love for the copyright cow to call me, but I don't think he likes me very much..much like Glen Carner didn't like me very much...which is too bad, cause I'm a nice enough person..