Famous letter in.... the Netherlands!

[director]

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[Sylvain]

We also received a letter from GI. We received it on october 26th.

In 2005 we had our website built by eFocus (a wellknown company, with big clients in the Netherlands). eFocus send us an invoice for purchase of the images. They never mentioned it was for temporarily use. We really thought we had bought the images. We are no expert in this field, eFocus is.

First of all we contact eFocus to confront them with the claim and how we can solve it. They told us that we should have known that we did not buy the images, but that the use was temporarily. We paid them € 500 for 4 images. After the reaction of eFocus we contacted a legal advisor. They wrote some nice letters to eFocus.

Based on the information of this website, we send GI an email with a copy of the invoice of eFocus and we had the images removed by eFocus. We did not make a proposal to settle the matter by financial means.

We are interested in news about the other cases mentioned in this topic in The Netherlands. So if anyone has some more informtion, we woul like to hear about it

Sylvain

[Oscar Michelen]

Dear Sylvain:

We get lots of contact from folks in the Netherlands and we have not heard of any lawsuits having been filed in your country.  Thanks for the post and keep us updated on any news.

[Sylvain]

On november 12the we received a response from GI. They offered us a discount of 20%. We did not respond to the mail yet. Is it wise to respond, or should we just see what happens?
In my opinion we should not respond. We made our statement en that should be it i think.

[Oscar Michelen]

I would just wait and see what they do next. Keep us posted

[johnboy12]

By way of another update from my corner of the world, ................... nothing to update

will post again the 3 months time but earlier should I get another letter.

As an aside, does anyone have a contact to a Dutch Law firm that could push this for us if necessary (basically looking for a Dutch Oscar :-)

[Sylvain]

On January 7th we received a new letter from GI (they haven't received payment).
We do not respond, we will see what happens.

Sylvain

[Oscar Michelen]

Thanks Sylvain:

Still haven't found a Dutch firm willing to handle this as we are here in the States so we are waiting to see how it is addressed in your case.  I think you are doing the right thing! Keep us posted.

Oscar

[doudl]

Hmm,

I received also today a letter from them for 3 images.

I downloaded them about 8 years ago (If I remember correct) in a free zip file containing some phpbb templates. And used them on my website. The they I think will not make them to win this case is simple.

In The Netherlands the law may be something diffrent then in the USA.

First of all I speak dutch, so I demant all copyright, terms of use and other legal notices in my own language so I can understand the technical talking with laws and rights.

Second, it seems to be a big scam letter. They already say you are guilty, but in the law it states you are not guilty untill proven otherwise, so they are judges to? The scare people with money without knowing if the people are making profit, are knowing that they are using copyrighted material, etc.

Thirth, Law states also you should settle this matter first. In the music business if you have a few audio tracks a warning will be done first, if you do not remove the material then you will get the bill, simple.

Fourth, As no Dutch law states that you will be delivered the the USA for some bad use of a few images (you are not a terrorist) I don't think they will make it the a law suite for a few images. They have more costs for a lawyer and law suite in The Netherlands then the pictures are worth. Since I speak dutch I can demant a letter / lawyer / judge speaking my language so I can understand my rights.

Fifth, Has anyone saw ever a copy of a legal copyright of one of the images? Didn't find anyone.

Sixt, Who says that the pictures where legally copyrighted at the time you used it?


Comments? please...

[Oscar Michelen]

Getty does not register their images with the copyright office so you won't find them.  I cannot comment on the rest as I am not familiar with copyright law in the Netherlands.  What I can say is that to my knowledge Getty has not filed suit there ever over their images.  I would take a wait and see approach before engaging them. You may find some info from some of the other posts about this issue from your countrymen.  Good luck and thanks for the post.

[doudl]

Is their any known law suite in Europe?

[Lettered]

I dont speak German, but I think this is a case where Getty sued in Germany and lost (because the defendant actually had a license I think):
http://www.spiegel.de/netzwelt/web/0,1518,547234,00.html

And I think this is be a German forum discussing Getty demands in Germany:
http://www.abmahnwelle.info/

[doudl]

Since I read / speak / write perfect German I did some digging.

It seems they lost a law suite in germany because they couldn't prove a thing.

[Oscar Michelen]

Interesting

[johnboy12]

By way of another update from my corner of the world, ................... nothing to update

will post again the 3 months time but earlier should I get another letter.