UPDATED: Getty Images/Memorial Day Welcome Home surprise...

[Jerry Witt (mcfilms)]

Okay as long as I get to be the one to yell back at the judge, "No YOU'RE out of order."

Oh wait, the next shot after that is usually from a jail cell. Bad idea.

[loserboy]

Thanks for all the help here...it truly was as minimal as mentioned.  My wife isn't a freelancer, she's been working as a salaried employee of a non-profit for several years. She occasionally put stuff up on the site as part of her portfolio...it required about six clicks to get to this particular page and the image in question truly was a screencap of a proposed page on which the image appeared...in fact the site should have been password protected because it really isn't for the general public at all...it's there as a "just in case" my wife ever does lose her job and needs to get her portfolio up to speed quickly.

I've already constructed a decent letter not really mentioning any legal precedent, but following the basic procedure--provide me with proof otherwise this isn't legally a debt at all, provide me with how you came up with the price, etc. etc.

I'll save the legally stuff for their response.  Since I'm a school teacher and summer is rapidly approaching, I'm also thinking about a series of phone calls which I will make depending on their response to my first letter or two.  I will let "whoever" answers the phone know that I am recording the conversation (which I will be) in order to have supporting evidence should any of this go to trial.  Since I've got time, I might call until I get legitimate answers to my complaints.  If that's once every two weeks, or once a week, or everyday...if they are going to say my wife owes them ANYTHING, I should be able to get legitimate answers to my questions and the proof that they're legally required to produce...

[Mulligan]

Hmmm, I never thought of phone calls on a daily basis until I badgered them into sending me a statement that they were no longer perusing the matter.

With that said, I suspect once you told the person on the other end of the call that you were recording the conversation would come to an abrupt end.

My recollect from reading every thread in the forum last summer is that no one has had a positive outcome with phone conversations with Getty interns, but this might be worth trying for someone who can stay calm and collected, though if the outcome produced a positive result I'd be, frankly, knocked right out of my moccasins.

I think for a "just in case we go to court" outcome you're better off with a 100% paper trail.

[Jerry Witt (mcfilms)]

Right on loserboy. And remember that petulant tone when you spring the, "This isn't getting us anywhere. Let me speak to your superior."

A lot of people on here are not fond of getting on the phone. But I think it can be a quick way to get to the owner of a company. You start nagging the CEO (or his secretary) about an issue that may seem trivial to them, and suddenly the collection department may very well reverse course. If he has to spend half an hour answering your questions, it will likely be looked at as a money-loosing scenario.

[loserboy]

I actually think a recorded phone conversation would be a much better "just in case" we go to court trail.  People generally, and interns specifically, no matter how well trained  simply don't know how to hold conversations.  Every misstatement, every time they say something and it's recorded, they can't take it back.  A response letter by them is mulled over and reviewed, a conversation is quick and requires people to think on their toes and is much likely to get answers that would make the entire case seem ridiculous in a court of law...

I'll have about ten weeks off, so I can truly call every day and each day demand the proof.  I can make it my summer hobby. 

As for them hanging up or not speaking if I record the call, I'm pretty sure they'll be recording the call as well, so it's a win-win.  I'm from the "if you can do it, why can't I" school of thought.  And, yes, I would waste their interns time, their law departments time, secretaries...and I would ask for detailed explanations, I've already been compiling a list of questions that would require answers...of course maybe they'll accept my offer and be done with it--lol!

[Greg Troy (KeepFighting)]

Just be careful if you decide to do this as it works both ways.  Good luck and please keep us posted.

Every misstatement, every time they say something and it's recorded, they can't take it back. 

[SoylentGreen]

Keepfighting is correct.  People should be careful of phone calls.

I think that phone calls are employed to blindside people, or to put them "on the spot".
Conversely, one may assume that the person on the other end is "weak", or "ignorant", but they may be a professional that knows more than you do.
An attorney may be calling you.

Take some good advice; cool it with the phone call stuff.
A letter might be ok in certain situations. But, the only letters that you might care to write are those asking for proof of the claim.

S.G.

[loserboy]

Well, it turns out Getty cashed my FINAL offer check of $100.00.  Probably more than I should have offered, but I really didn't want to deal with this for the entire of my summer break--I want to have some fun! (I'm a public school teacher).  Below is a cut/paste of the letter that I sent them, along with a check for $100.00 with "final settlement" written in the memo section: 


Gettyimages
601 N. 34th St.
Seattle, WA  98103

Regarding Case: xxxxxxx

This letter is in response to your letter dated May 24, 2012.  In this letter you state that an image used on the website xxxxxxxxx.com was identified as being in violation of U.S. copyright law.  The webpage in question was removed immediately.  This website is a personal website and is currently password protected and unavailable to anyone other than my wife and myself.

After a considerable amount of research, I found many similar images ranging in price from $10 to $50 with unlimited use.  Such images were found at istock.com as well as at canstock.com.  I am enclosing a check for $100 in order to take care of this matter, in spite of the fact that this amount is greater than the going price for similar stock photography and is far in excess of what would be owed for a low-res thumbnail photo of an indistinguishable image (see below).

Understand that the website in question is simply an online portfolio and does not generate any revenue; it is not nor ever has been a business website in any way nor it receives only negligible web traffic. My wife is not a freelance artist and is not currently looking for employment.  It simply serves as a place where samples of my wife’s past design work is collected and stored.  This work includes her own art pieces as well as web comps and samples she has created through the years.  The alleged image was actually part of a screen capture and was incredibly small and difficult to see on the original webpage (and doubly difficult to see on the copy you sent us.)

In spite of this, I have included a payment of $100 in order to put this matter behind us and stop wasting both of our times and resources on what is inevitably seems to be nothing more than a minor misunderstanding on both ends.

As per the guidelines your legal team has laid forth, you too will have fourteen days from the date of this letter to respond.  If no response is received in the 14 days it is understood that you accept the $100.00 settlement and no further collections or legal action from getty will be forthcoming. 

If you do not accept this settlement, please return the check promptly within the agreed upon 14 days.  Also include with your response the following items: a) proof that you are holders of the copyright, including copies of the signed paperwork verifying that you are now the copyright holder;  b) the method by which you formulated your settlement amount; c) a clearer copy of the infringement and d) the date which the infringement began.

Please understand, you are obligated to provide legal standing when collecting a debt, this includes the proof that this is the image in question, proof that you are the owner of the alleged image and proof that the amount owed is consistent with the going rate for similar images.  If you are unable to provide all of this information in the timeframe set by your own legal department, then I will consider this matter closed. 

Thanks in advance for your prompt attention to this situation, I look forward to settling this quickly and amicably.

Sincerely,




Jxxxxx

[Robert Krausankas (BuddhaPi)]

nice work loserboy! I particulary like the idea of throwing a deadline back in their faces..no go have some fun this summer!

Perhaps this is a sign, that they are slowly changing their ways.

[loserboy]

I'm just curious to see if they'll send me a response letter.  I also figured $100 was  right about the sweet spot of their blackmailing/extortion letter.  If they do send me a response, I'll be sure to post it.

As for the 14 day thing...I'm a stickler for the whole "if it's good for you, then it's good for me."  I had a whole long term plan with the 14 day thing to...it was a doozy.

[Mulligan]

I've been sending deadlines with my letters from Day One, and to date the rotten bastards have ignored and/or missed all my deadlines.

Of course I've ignored and missed every single one of their deadlines, too.

[loserboy]

I was planning a follow-up series of recorded phone conversations.  ONLY discussing the 14 day deadline.  Essentially guiding the conversation until someone could specifically tell me the reason for the 14 days.  I threw in the whole " your legal department" b.s. in the letter because we both know that is exactly what it is.  See, if they question MY 14 day deadline as being not legal, then they immediately are admitting that theirs is simply an extortion tactic with no actual legal standing. 

I'm big on throwing people's words back into their faces (that's why I'm an awesome middle school teacher)

[Matthew Chan]

No to splash cold water on anyone but let's wait 14 days and see what happens. IN the past, someone sent in a check and it was later refunded or returned.

I find it unlikely they will give you anything in writing. At best, I am guessing they will quietly go away.

[loserboy]

Matthew-you'll be seeing a small paypal contribution from me in the next few days...because if it weren't for this sight I'm not sure how I would have handled this. 

On the topic of the check/refunded check/14 days...the letter was mailed out 17 days ago, and the check was deposited today (and has already been deducted). 

I'm guessing they will simply vanish as well...but if not I'll keep everyone posted.

[Matthew Chan]

If after 30-60 days, there is no refund check, then this is worthwhile to report on. It might show a sign of some behavior change in that they will take the money "something is better than nothing".