Getty and CENTURY 21

[areeve]

I have several CENTURY 21 franchisee clients that we provide websites for and back before 2006 CENTURY 21 corporate offered something called an AD/PAC from Merrill Marketing. Then around April 2006 corporate sent a letter saying that these images were no longer available for use in advertising and any use of such images by their franchisees needed to be pulled.

At that point we had already merged these images into a clip art gallery with many other images for us on CENTURY 21 client websites. However, no information was provided as to what images were no longer available. Circa that time two of my clients received letters from Getty for $1000 and I think they both caved in and paid. We tried as best as we could to remove any of these images. We also tried reasoningwith Getty and as we all know that doesn't work. They even checked to see if CENTURY 21 and/or parent Cendant had past rights to use these images and claim they did not. Finally, I did ask Getty to audit all of my clients for bad images, but they ignored that.

What's most interesting to me, though, is that there's NO interest in pursueing CENTURY 21 corporate over these images if they weren't being used legally in 2005. I have to think that's because they have deep enough pockets to fend off such a suit.

Now in 2008 a 3rd client receives the letter however this time it's for $3600. They work with me on it and now it's moved on to NCS for collection. I wrote NCS a letter today on behalf of my client and within minutes they called me and I talked with David Gray. He was a typical belligerant collection agency employee, but stated two things: 1) Getty has already provided proof of registration which they have not and 2) he's calling me as a courtesy and doesn't have to. He also claimed to be familiar with this site, but when I said I'd let Oscar handle it for me he had no clue who that was. Does that not seem odd for someone familiar with this site considering he's key to it? I ended up hanging up after getting into that ended "no you didn't, yes we did" logic circle where he claimed he'd fax me this proof, but doesn't actually want to do it presumably because he knows he can't.

Obviously they prey on you just wanting it to "go away" and I'm appreciative that this time I have a client that is willing to fight as all of the companies that have caved have just made Getty's appetite for doing this stronger.

One thought I had was "How about a letter writing campaign to all of the websites that use Getty Images photos?". Personally, I'd like to see them use the photos of a more ethical company. I know that sportsline.com is one such site.

I'm also a bit confused should this continue to escalate as to how I have Mr. Michelen write his letter on my client's behalf. Just contact him and provide the letters we're received so far?

- Alan

[Oscar Michelen]

You can contact me at xxx or my office number 516 248 8000. NCS will not reasonably negotiate with anyone.  I agree with your post and can tel you that we represent one Century 21 franchisee and one Remax franchisee as well.  They both told me a very similar story. Once we write NCS, NCS refers it back to Getty  as they do not have authority to go more than a few bucks below the amount demanded. I will be in my office tomorrow between 1030am and 1230 (NY time) and most of the day on Wednesday

Oscar