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Author Topic: Getty images Letter about a image on a clients website  (Read 8525 times)

James83

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Getty images Letter about a image on a clients website
« on: December 08, 2014, 09:05:57 PM »
Hi Everyone, A Client of mine recently got one of those emails from getty with the 5pdf attachments.
Ultimately wanting $520 for using one of their images thumbnail size @ 250x150  on a informational blog.

I manage this website for him and post the blogs.
Is there a way to transfer the responsibility of this from my client to me? (he has the website registered to him)
I would rather deal with this personally than having to send messages for my client to send to them, etc

Thanks!

stinger

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Re: Getty images Letter about a image on a clients website
« Reply #1 on: December 09, 2014, 09:06:31 AM »
You can try, but you should understand that Getty just cares about the money. 

If you roll over and pay, it will work, they will leave him alone.

If you give them too much push back in trying to negotiate, they will play you off against the client, trying to get paid.  If you let them know that you built the site for a client, they will sense weakness and two pigeons instead of one.  Your job will be harder.

You can hire an attorney (like Oscar) to represent the client, in which case, they can only communicate with the attorney, accomplishing your goal of insulating the client without necessarily letting them know that you are paying the attorney's bill.  If this is of interest to you, you should check out Oscar's letter writing program on this site.  Most everyone he represents through that program seems delighted with the result.

Whatever you choose to do, get educated first and don't let them know that it was your mistake on behalf of your client.  That will only make your job tougher.

Greg Troy (KeepFighting)

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Re: Getty images Letter about a image on a clients website
« Reply #2 on: December 09, 2014, 06:13:43 PM »
Stinger, if you remember we had a similar situation a few months back.  The web developer tried everything he could to settle with Getty even offering payment in full if Getty would show they had the right to collect on the image.  Getty of coarse refused and said they would start going after his client.  The story and complaits can be seen here.

http://gettyimagesmustchange.com/site/have-getty-images-and-mccormack-intellectual-property-law-ps-crossed-the-extortion-line/#more-251
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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lucia

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Re: Getty images Letter about a image on a clients website
« Reply #3 on: December 10, 2014, 08:44:21 AM »
Yes. A web developer can offer to pay the money in place of the client. But otherwise, there isn't anything they can do to make Getty stop pestering the client.   This is a tough thing for ethical web developers, but Getty wants its money and the law permits Getty to go after the client. So, like it or not, they are not going to agree to let liability transfer to a web developer who then won't pay.  And it doesn't matter that the web developer knows the demand is unreasonable-- Getty's knows the only way to incentivize the web developer to pay for his client is to keep pressing the client, who might get disgruntled and take his business to another web developer.  Meanwhile, they also hope the client might pay-- so they have two chances.

It's a tough spot for a web developer. But the fact is: if the client wants to avoid being pestered, or set someone up to negotiate for them, they need to have a lawyer send a letter to Getty Images.  A web developer can't do anything to force Getty to stop sending letters to the client, and Getty won't agree to do so.

James83

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Re: Getty images Letter about a image on a clients website
« Reply #4 on: December 15, 2014, 10:58:07 AM »
Thanks for the advice. I'm leaning toward the letter writing program but i am curious if calling them first could do any harm?
Heres how the call would go something like " Hi, i'm calling on behalf of client name, on case # code# etc etc. I offer 100 to settle this issue, i feel this is a reasonable amount, you have 7 days to change the online payment or i turn this entire issue over to my lawyer."

thoughts ?

stinger

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Re: Getty images Letter about a image on a clients website
« Reply #5 on: December 15, 2014, 11:12:15 AM »
You need to understand that from their perspective, the phone call with you is a phishing expedition.  They will use what they learn against you or your client.

If you want to offer them $100, I would recommend you do it in writing (certified letter, not email).  I don't expect it will work. 

Read the forum.  Their are lots of examples of people's experience making offers of all kinds to Getty.  The more educated you are with how they have dealt with others, the better understanding you will have of what you and your client can expect.

lucia

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Re: Getty images Letter about a image on a clients website
« Reply #6 on: December 15, 2014, 12:36:57 PM »
Thanks for the advice. I'm leaning toward the letter writing program but i am curious if calling them first could do any harm?
Heres how the call would go something like " Hi, i'm calling on behalf of client name, on case # code# etc etc. I offer 100 to settle this issue, i feel this is a reasonable amount, you have 7 days to change the online payment or i turn this entire issue over to my lawyer."

thoughts ?
I think this is pointless. You turn it over to your lawyer, who might do.... what?

Your lawyer can't do anything because you don't have any legal standing in this dispute. Getty is asking someone who is not you--(your client)-- for money. They are threatening someone who is not you.

 You can't really do anything.  From the point of view of the law, Getty isn't doing much of anything to you. Unless you have one hell of a clever lawyer who can figure out ... some odd angle, you and your lawyer can't do anything. So there is no point in threatening Getty with the idea that your lawyer will contact them.

If your client wants a buffer between him and Getty, he has to hire a lawyer who write on his behalf. 

stinger

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Re: Getty images Letter about a image on a clients website
« Reply #7 on: December 15, 2014, 03:05:31 PM »
Absolutely correct, Lucia.

It is admirable that James83 wants to take care of this for his client, but Getty doesn't care.  Getty has no claim against James83.

James83

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Re: Getty images Letter about a image on a clients website
« Reply #8 on: December 15, 2014, 03:35:08 PM »
Sorry i should have made it more clear after my first post, I'm not considering that route any longer.

Weather it matters or not but i would not be giving them my name or any kind of information. Just making it seem like i'm someone who works for him in his office calling to settle. His office happens to have a lawyer..
Ultimately I would be hiring the lawyer on behalf of the client, but they wouldn't know.

I'm also considering suggesting to ignore it until he receives any thing else, i'm not certain at this point if this was a email, letter, certified letter or what from getty.
So if it wasn't a certified letter...

lucia

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Re: Getty images Letter about a image on a clients website
« Reply #9 on: December 16, 2014, 12:07:33 PM »
I'm also considering suggesting to ignore it until he receives any thing else, i'm not certain at this point if this was a email, letter, certified letter or what from getty.
So if it wasn't a certified letter...
The one I received 3 years ago in November was not certified. Sending certified letters would probably cost Getty too much. ;)

The client needs to decide what to do. Details about what the image was, how long it was up and so on would affect advise I would give. But often these are trivial images and Getty doesn't pursue. The only kicker here is that this seems to be a business site, which tends to make the matter more serious and tends to translate into use of higher quality images -meaning images that really do have some sale value .

In contrast, images on blog pages tend to be throw away.  That said: you really need to know the image to say for sure.

Greg Troy (KeepFighting)

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Re: Getty images Letter about a image on a clients website
« Reply #10 on: December 16, 2014, 09:42:38 PM »
The one I received 3 years ago in November was not certified. Sending certified letters would probably cost Getty too much. ;)

I'm sure it would cost too much since when pressed why they won't provide proof of claim we are told that it would require extra time and cost to do so. 

I never realized how much time it took to hit the print button and stick it in the envelope with your settlement demand letter.  Sounds expensive too ;)
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

James83

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Re: Getty images Letter about a image on a clients website
« Reply #11 on: January 29, 2015, 05:40:49 PM »
If any one is interested, my client insisted that i try and settle with getty directly.
Its a good client so i did,I called getty on the phone to negotiate and they offered to settle for about half their original demand. Paid it just to be done with this mess.

Greg Troy (KeepFighting)

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Re: Getty images Letter about a image on a clients website
« Reply #12 on: January 29, 2015, 09:14:26 PM »
I am glad that it worked out for you.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Robert Krausankas (BuddhaPi)

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Re: Getty images Letter about a image on a clients website
« Reply #13 on: January 30, 2015, 10:50:58 AM »
one more fish in the bucket, time to bait the hook again and toss it out there...but hey whatever works for..image probably wasn't even Getty's, but I digress..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

 

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