Copyright Infringement Letter from a Getty contributor

[princereyn]

I received an email (under the SPAM folder) from a Getty Images contributor saying I violated the laws for copying her images. She asked me to delete the image from my blog post and settle the $450 dollar fine for the infringement.

Upon reading her email, I immediately deleted the image from my post and from Picasa Web (where it was stored). But I actually don't know what to do next. Most of the users with posts I read here said they received email from Getty itself. But in my case, it's the contributor/photographer who emailed me. (She provided me the link of her Getty profile and did some searching about her, and she seems legit though)

I used the image from my blog post, I created last March, without knowing it's under Getty Images. Maybe I just searched Google and saved it, then included it on my blog.

I know it's my fault, but I could hardly settle or find a way I could provide the amount she's asking me. By the way, I'm from the Philippines and earning an average wage from my salary. The earnings in my blog are not much to pay her.

What should I do now?

[scraggy]

From what you have written, this sounds like an Internet scam. I think everyone here would love to see the wording. Could you copy/paste here and remove the details that identify you and your image.

It is most likely someone pretending to be the photographer. The photographer actually cannot sue you without Getty's permission. In the GETTY IMAGES CONTRIBUTOR AGREEMENT  -  http://www.aphotoeditor.com/wp-content/uploads/2011/04/2011-contributor-agreement-v.4.0-d-sample-english.pdf
 , it states that

If Getty Images elects not to pursue a Claim, you will have the right to pursue it.

So Getty gets first bite!

Let's not forget that you are in the Philippines.The supposed photographer will have to sue you in your country if he wants to see any money. This would seem most unlikely!

Finally, the e-mail went into your spam folder. Even your e-mail filters knew that it was a scam!

Please copy it here for others to see. It's very important to warn others of such a scam.

[princereyn]

Thanks scraggy for that response! Here's what she sent me:

It has come to my attention that you are using my photograph of --- on the following page of your website

This image is available for licensing via my online archive at the following link

http://www.gettyimages.com/---

For the avoidance of doubt regarding my copyrights to this image, I can also provided a screen capture of the digital negative of this photograph as resident one of my computer hard drives if needed; furthermore, I have retained a screen capture of your above referenced web page on my hard drive.
I do not have any record of having issued you with a license to use this image. I would be grateful if you would provide me with any evidence that you have been issued with a licence by myself, or my agent, for such use.

Absent such a license, it would appear that you have breached my copyrights. I require you to remove the image immediately, and will be requiring payment for use of the image to date, being the sum of $ 450.00 which can be effected via wire transfer or PayPal as suits.

The fee due is calculated per the context of use - please see license-example.jpg which demonstrates the factors used to calculate the fee from my image archive. A receipt for payment can be furnished upon request, either via email or postal mail, to Metro US or such address as you cite.

Should you like to make use of the image for the future, such use would only be permitted subject to negotiation with me of a separate additional licence and payment of a licence fee at my rates.

Please be aware that copyright infringement is a strict liability tort, therefore liability exists regardless of whether you knowingly infringed on my work or not. When pursued via legal channels, the penalties for copyright infringements can be between $750 ~ $30,000 per instance. In cases where wilfulness can be proven, the per-infringement damages can be up to $150,000 under Title 17, Section 504 of the US Copyright Act.

With this in mind, I trust that you will find my request to simply be made whole for my lost license fee to be more than reasonable. Failure to respond to this message in a timely manner and/or refusal to settle the sum due will be interpreted as a willful breach of my copyrights and will be referred to my copyright attorney's office for further action at their direction.

[princereyn]

And by the way, when I searched her portfolio online and compared it with the email address that sent me the infringement notice, it was the same. The domain was under att.net.

[scraggy]

I do not have any record of having issued you with a license to use this image.

She wouldn't have a record, would she! Getty would have the records!

This image is available for licensing via my online archive at the following link

If the image was licensed exclusively to Getty, the photographer would not be able to sell licenses him/herself!

Lots of poor English here! What is the photographer's nationality?

further action at their direction.

Absent such a license

I trust that you will find my request to simply be made whole for my lost license fee

Very poor English!
I do not believe that the photographer is the one who has written to you.

and finally, this!

sum of $ 450.00 which can be effected via wire transfer or PayPal as suits.

It's a scam!

[princereyn]

It's a scam because someone (not validated to be an authorized Getty representative) asked you for payment of the penalties?

So could we assume that the photographer herself sent the email since the email address was the same with that on her portfolio?

[Robert Krausankas (BuddhaPi)]

I'll bite!

1. do not respond to her/him via email, if it legit they need to contact you via postal service not email or telephone.

2. don't be led to think they are "suing" you, an email, or even a letter doesn't mean a suit is going to happen, unless you are properly served papers from a court.

3. Scraggy may be mistaken, if this is the photographer, he/she may have access to a record of who purchased the images thru Getty, we don't know this, as none of us have access to Getty's backend system. ALSO is this is the photographer, they very well MAY have the right to sue and Getty may NOT, again we haven't seen the agreement between Getty and said photographer..

4. Bad grammer and English while often a clue to whether an email is legit or not, doesn't mean it is not legit..

5. If I were you I would remove the image and forget about it for the time being.

[scraggy]

Anyone can fake the FROM e-mail address using any e-mail program.

Why don't you send the real photographer an e-mail ( don't reply, but open a new e-mail instead ) , and ask her if she is responsible for sending such e-mails.

I doubt that the real photographer is behind this.

and even if they are, ask them for Getty's agreement in allowing them to sue you instead of Getty. Why would Getty give them this??

and above all, you are in the Philippines, so why worry??

Also, look on the bright side! You removed the image before Getty got to you!

[Robert Krausankas (BuddhaPi)]

@Scraggy, as far as I can tell no-one in this thread has threatened to sue or even mentioned a suit..I think by you continually going in this direction will only add stress to the OP, hell even Getty only threatens to "escalate" to their legal dept, which is not even threatening a suit..

[Mulligan]

And once Getty "escalates" to their legal department (ie, collection agent and copyright trolling lawyer Timothy B. McCormack and one of his paralegal trolls like Ashanti A. Taylor) that "legal department" will threaten a couple of times and then tell you that they're recommending "litigation" to Getty Images. So it's all a game that you don't even have to play, especially since you were contacted by email.

If legit, this looks to me like it's just a delusional photographer who wants to get into the trolling biz to make a few easy bucks. And he's too lazy to do it right by having a lawyer prepare a professional letter that provides his proof to ask for money. And the odds of him having any proof, like a legitimate copyright registration, are slim to none, IMO.

[scraggy]

@Scraggy, as far as I can tell no-one in this thread has threatened to use or even mentioned a suit..

The original e-mail did state as follows:

refusal to settle the sum due will be interpreted as a willful breach of my copyrights and will be referred to my copyright attorney's office for further action at their direction.

In any case, the gentleman is in the Philippines, and is not dealing with Getty.
It has the feel of a copyright scam ( because of the wording and means of payment ).
I don't think that  princereyn sounds particularly stressed, and certainly not as result of what I wrote!

[SoylentGreen]

Scraggy mentioned, "Why don't you send the real photographer an e-mail ( don't reply, but open a new e-mail instead ) , and ask her if she is responsible for sending such e-mails."
I don't recommend this course of action.  Don't write to some photographer and admit that you've infringed.

Furthermore, as Buddhapi mentioned, email isn't a form of official notice.  It could have gone into your spam box, and you never saw it as far as anyone knows.  You have plausible denial.
Lay low for now.

It's interesting that the alleged infringer "sounds" like a brit or canadian to me, but states US copyright law to a person from the Philippines. lol.

S.G.

[scraggy]

  Don't write to some photographer and admit that you've infringed.

I agree! Do not send details of your web site or image. My feeling here is that it's not the real photographer that has written to you. If the real photographer replies, she might be totally unaware of the e-mail sent in her name.

It's interesting that the alleged infringer "sounds" like a brit or canadian to me, but states US copyright law to a person from the Philippines. lol.

Sounds more like a Nigerian to me! I am from London. None of the grammatical errors are typical even to the least educated Brits! As for Canadians, I have no idea!!

[Robert Krausankas (BuddhaPi)]

Personally I would name and shame this so called "photographer" right here on the forum, post his/her name, email address and web site. One it will help anyone n the future how gets a letter demanding money, and 2 it gives the ELI forum members the opportunity to do our thing...( which is quite effective I might add), you ( the OP) might want to reference Jennifer Sherrouse on these forums and see how fast she went running in the other direction.. You are under NO obligation by anyone to keep this information private or confidential, publicising it will only help your cause IMHO

[Jerry Witt (mcfilms)]

This is either a third-party scam and they have decided to hijack the Getty Image "business" model OR this is the original photographer that has decided to "go rogue" and try and scam some settlement on there own. The first case is probably the most likely as the second one would be a major violation of the terms of their agreement with Getty. I guess a third possibility is that it is the photographer, but they don't have an agreement with Getty and are just modeling their efforts after them. (And using their "good" name!)

In any case it is an interesting development. Also, whatever the case, I would treat it as spam and not respond. It turned up in your spam box, so your mail server or app identified it as spam. I would be interested in seeing the email header.

Bottom line, remove the image, don't reply, and don't loose a bit of sleep over this.