The continuation of my Getty/NCS IP Solutions Saga...

[mph_mtc]

Hi there,

Just wanted to update you on my on-going saga...And ask for any comments or opinions....

My original post is here --> http://www.extortionletterinfo.com/forum/getty-images-letter-forum/preparation-for-'next-round-of-extortion'/

I responded to NCS IP with a registered letter stating that because there was no order against me, that Getty merely had a 'claim' against me, and because it was only a claim, it was not a debt, and I asked that NCS IP not contact me again.

So, today, I receive this in my email (note when reading the following - I have never emailed them - the only contact I've had with them, is me sending them a registered letter - I've also added a comment in RED).


Thank you for your email.  In reviewing the notes I see that Getty Images already advised you that they would not provide the registrations pre trial.  The copyright registrations would be available at the time of litigation, these articles would typically be furnished when compelled by the court through the course of discovery, should a matter like this go to legal proceedings.  The burden of proof lies with your company to show licensed use of the images in question. Getty Images asserts that their represented photographers own all copyrights related to the images at issue. This image is available for license exclusively on the Getty Images website. Therefore, if Getty Images did not grant a license for use, the unauthorized use is treated as copyright infringement.
 
While Getty appreciates that you have removed the Getty Images imagery that was used on your commercial  website, but that does not close the matter as Getty has a contractual obligation to its artists to obtain license fees in exchange for the use of the image that have been assigned to Getty Images.   We also hope that you understand that Getty's artists rely on receiving compensation for the use of their works for their livelihood.  The artist who created this image cannot make a living unless they get paid for their work and rampant copyright infringement makes it very difficult for the artists to continue to earn their livelihood from their work.
 
Notwithstanding the foregoing and in an attempt to settle this matter amicably without the necessity, risk and expense of litigation, Getty Images is willing to settle this matter for Five Hundred Canadian dollars (CAD$525.00) (<--okay, so which is it, $500 or $525??) which is less then the regular fee for licensing the images not too mention Getty has incurred costs such as their external costs in locating the infringement and their internal costs in enforcing our copyright but they are offering the reduced settlement amount as a good faith gesture.  I have requested a legal settlement and release document for your review  (see attachment) which may address your concerns regarding the right to pursue these infringments.

My only position in this matter is to assist you in a resolution with Getty.  After you have had the opportunity to review all of the information that I am providing please advise how you wish to proceed so I can notify Getty and either continue with the setlement or refer the file back.


Has anyone had similar contact with these guys like this?  I find it amusing that they thanked me for my email (which I didn't send!) and the fact that they take the time to s-p-e-l-l o-u-t the $500, and then give a different price in brackets.

I'm at the point where I just want to make this go away - am I giving up too easy??

[Greg Troy (KeepFighting)]

As always, you have to decide what is best for you, but here are a few things that you should consider before you decide. I assume this is for one image and to the best of my knowledge Getty has never taken anyone to court over one image, also being in Canada I believe Getty would have to litigate you there. I seriously doubt Getty would want to go through the time, trouble and expense of trying to litigate you in Canada for such a small amount.

Also I would let them know that until they provide proof that they have exclusive copyright as they have stated, you have nothing further to discuss with them. Since you are in Canada you cannot use Oscars defense letter program but within the forums should be all the information you need to defend yourself from these letters should you choose to. I live here in the states and while I do have the option of Oscars defense letter program I have chosen to take on Getty myself.

As to the matter of whether it is C$500 or C$525, it would not matter to me as my offer to them would be C$0, but should you decide to pay to make this go away I would tell them since they put it in the letter I would go with the lower amount.

Again, before making any decisions I would continue reading the forms as there is a wealth of information that can be gleaned from them. As you read the forums should you have questions don't hesitate to ask, there are no definitive answers as rarely are two cases exactly the same.

Please keep us posted on your situation and what you decide to do, best of luck.

[SoylentGreen]

Since they won't prove their claim, that simply shows that they have no such proof.
Additionally, the chance of being sued by Getty in Canada for such a small amount of money is pretty minuscule.
I think that what NCS is doing is illegal in Canada; they shouldn't be sending collection letters on non-debts.
In any case, if they cannot validate (prove) that this is a real debt, they shouldn't have contacted you again.
You should report this to Consumer Affairs.

S.G.

[Robert Krausankas (BuddhaPi)]

Since they won't prove their claim, that simply shows that they have no such proof.
Additionally, the chance of being sued by Getty in Canada for such a small amount of money is pretty minuscule.
I think that what NCS is doing is illegal in Canada; they shouldn't be sending collection letters on non-debts.
In any case, if they cannot validate (prove) that this is a real debt, they shouldn't have contacted you again.
You should report this to Consumer Affairs.

S.G.

I agree 100%, they never should have contacted you again, via email or otherwise..Report their sorry asses, and notify them that you are doing so, do some research and quote the Canadian Law as such...

[Jerry Witt (mcfilms)]

The burden of proof lies with your company to show licensed use of the images in question.

I love how they transfer the "burden of proof" to you. Essentially they are saying "hey, it's on our web site and we claim that we are the exclusive representatives of this image." That's BS! The burden of proof is on THEM to prove that they have the rights to represent this image.

Look, I know many people seek closure. They want an end to worrying about this. But in my opinion, sending them $500 is like throwing it in the gutter. (Worse, because you are re-enforcing and financing their racket.)

Also, I stongly suggest you look into what SoylentG mentioned about NCS sending collection letters to non-debt in Canada. Their claim that they are not trying to collect, they are only trying to "assist you in a resolution with Getty" is laughable. Ask them what the "C" in NCS stands for.