Has anyone tried sending a check with a release form?

[parkerbenson]

Something simple, like a letter saying that as have seen no evidence of a proper copyright register for this image, we admit no liability, or wrongdoing in this matter, but we have removed the image in question from our website, immediately upon receipt of your letter, and have, as a show of good faith, enclosed a check in the amount of $100 as full and final payment to resolve your demand peacefully and to ensure a speedy resolution to this matter.

By cashing this check Getty Images, Inc. agrees to release ________ from all claims resulting from any unintended copyright infringement that may have occurred through the use of the image, and agrees to the sum of $100 as full and final payment.

And then write on the check "full and final payment, release from claim" on the check.

Has anyone tried that?  I just wonder what they'd do if they actually had a check in hand, would they return it, tear it up, it would seem foolish on their part to refuse a reasonable settlement when they had it in hand, and could close the case that day, rather than continue to badger and try to negotiate. I would think they would be tempted to cash it.

Thoughts?

[Boobaychap]

I did something similar--I offered $300 in exchange for a release from liability.  Of course, Masterfile declined.

But I think it made the issue go away.  It constituted a reasonable offer that would weaken their position in seeking damages if they ever took me to court.

You can read my entire post on the "Masterfile Letter"  thread. (April 13, 2011 04:58PM )

Boobaychap

[Oscar Michelen]

Getty usually sends the checks back pretty quickly as several people have told me who have tried the tactic.