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Author Topic: Getty in Germany  (Read 8822 times)

Robert

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Getty in Germany
« on: April 03, 2012, 12:31:15 PM »
Hi,
I am located in Germany, the cease and desist paradise and I know that Germany has their own copyright law but maybe some of you can give me some advice anyway...

So I also am the "proud" victim of getty images, received some bill in 2009 (1300 €) - i have thrown it away. I deleted the entire website and also the domain.
6 months ago I received a cease and desist letter from a german attorney. They ask me to remove the picture and send a letter that I wont continue using this picture...

They also want me to send information about when did i put the picture on my site and when it was removed... and where I downloaded the picture.
I don't know any more! I asked them to tell me when the screenshot of my website was made, they told me 2009 but don't want (or can't ?) to tell me the real date...

Anyone knows what I should do? Can I lie some fake date?..

sorry for my english. ;)
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Robert Krausankas (BuddhaPi)

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Re: Getty in Germany
« Reply #1 on: April 03, 2012, 12:42:07 PM »
I know nothing about German law, but if they are required to send a cease and desist, then all you need to do is reply stating the image and the entire site have been removed. Don't lie about a date, just state that this was taken care of months ago. Volunteer no information as to where the image came from, when it was used etc... They are not giving you any dates, so why should give them anything specific.
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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

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Mulligan

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Re: Getty in Germany
« Reply #2 on: April 03, 2012, 12:55:45 PM »
Never lie.

You are under no obligation to answer any questions put to you by a threatening lawyer, especially when they're fishing for evidence or statements to hold against on the very slim chance that this matter would ever go to court.
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SoylentGreen

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Re: Getty in Germany
« Reply #3 on: April 03, 2012, 03:11:25 PM »
hmmm... just curious about something...
If you're sent a "cease and desist", and you comply, could it all be over and done with?
Could one simply say that the matter was "resolved", even if they want money later on?

S.G.

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Khan

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Re: Getty in Germany
« Reply #4 on: April 04, 2012, 04:25:38 AM »
If you got a "Abmahnung" do not sign before you had a look at this website: http://www.abmahnwelle.info/
I thing they have got a modified letter (download) which you could send to the lawyer. I think according German law they have only three years time to bring you to court (statute of limitation = in German : Verjährung). So start buying time.
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Oscar Michelen

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Re: Getty in Germany
« Reply #5 on: April 13, 2012, 11:55:39 AM »
Not having any experience in German law, I appreciate the info on this!
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