(Short summary of my "alleged image copyright infringement": I put together a test/sample site to pitch for a local ob/gyn office. It was clearly a sample/test site. It was in a sample/test folder (clearly shown in the url), I used the names "Dr. John Doe, Dr. Jane Doe" etc., instead of the actual physician names, I used my personal cell number - all over the site - so whoever at the office was looking at it would clearly and easily have my contact info. The name of the site was also generic "The Doctor Group", lol. Clearly, to ANYONE looking at it, a test site - again, even the url was mydomainname/testsample). Anyway, I had used a comp image (thought that was legal) and then business never worked out. I went on to bigger and better business. I liked the design, and thought I might use it in a future project so I never completely killed the site. Note: I did not originally make the site content private, but did do that after receiving the first letter - I have SINCE LEARNED TO ALWAYS DO THAT ON TEST SITES. Additionally, I ALWAYS have my clients PAY for images - I do NOT and NEVER have thought it right to steal other people's work. However, I do sometimes deploy comp images. Nowadays, I ALWAYS USE HUGE WATERMARKED IMAGES so it's clearly noted that these are COMP images.)
Ok, so last fall I received a "getty letter" about one image on this test site. I did call the number on it and talked to a lady who said she could see it was a test site and basically said not to worry about it. I have since lost the letter and the number of the lady I spoke to. The letter did contain a screen print and the lady and I discussed it as the screen print was very obvious a test site (url contained the word sample since it was in a test folder, the name of the site was made up, the dr names were john doe and jane doe, my phone number was all over the place, etc). We discussed these very points.
Now I am receiving emails from a law firm. This was my response to them today:
"Please send me additional information. I am not sure what you are referencing? What image copyright claim? The only thing I am aware of is a long time ago (last year sometime?) someone contacted me about a comp image used on a test site (not a live site) that never even came to fruition. It was for a site I was pitching to a local physician's group - merely a comp site, didn't even contain the physician's real names (like, I used Jane Doe and John Doe - and my personal phone number so they could easily find it to call me back). Clearly a test site and always ways. Is that that what you are referencing? I had it up on a test directory, the business never worked out and I went on to other business. I did remove the image and internal content pages (since they were specific for ob/gyn and a future physician project might not be) but I didn't want to remove the entire site because I liked the design and thought it might come in useful for another test project in the future). It's still there, but never was anything other than a test site. Even the url had the word "sample" in it, lol (like I said, it was a test site on a test folder on my server). Please verify is this is what we are talking about? "
(Sidenote - after just a quick google I now see/assume that the fact that it was accessible at all might/does make me culpable?....Ugh!!)
Ok, so now off to read this forum and find out what my next step should be. Just starting a thread so I have a benchmark place!! Thank you so much for having this forum!!
Topic: Getty attorneys are emailing me. (Read 6880 times)