I received a letter from Getty Images on December 16th, 2011 for a single image in the amount of 1130.00 USD. It is on our business website - and was purchased as part of a template in 2005 but only been in use on the website for 1 year. the complete image was NOT included in the template when it was purchased. I have since removed the image from the site.
the image is now listed on their site at $10 royalty free for commerial use. i am confused how they came up with such a large "settlement".
i have done some research and I was directed to this information
...that the DMCA section 512 which gives safe harbor to those who purchased previously unlicensed images...
The Copyright, Designs and Patents Act 1988 (c. 48)
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."
"It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety."
is ths information valid to canadians? and how do i proceed from here? should i write them a letter?
the image is now listed on their site at $10 royalty free for commerial use. i am confused how they came up with such a large "settlement".
i have done some research and I was directed to this information
...that the DMCA section 512 which gives safe harbor to those who purchased previously unlicensed images...
The Copyright, Designs and Patents Act 1988 (c. 48)
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."
"It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety."
is ths information valid to canadians? and how do i proceed from here? should i write them a letter?