Getty letter - offered to pay over time - rejected

[annp]

I, too, received a letter advising me of license infringement, and demanded I pay some amount over $800.

I actually can't remember where the image in question came from.  Most of my site is maintained by my designers who have an account with  istockphoto, primarily.  But for little workshops here and there, I'll update the site with either photos I've taken myself or (big mistake here) ones I've downloaded from various "free image" sites.  I can't trace the photo in question from that the time.  The web page literally had 54 hits -- it was for a one-day workshop in April -- and really hasn't been looked at since then.

Not that any of that matters to Getty, or to my case, except to show the infringement was unintentional.

I responded to the original request via email, asking if the amount was negotiable.

The responded with some amount over $700.

Frankly at this point, I would just pay the thing, but my company is barely a year old, barely covering overhead and all my credit cards are maxed out.  I just don't have the money.

So I offered to pay over time. They rejected that offer.

I find that unbelievable!  The letter says it will return any check in any amount other than full payment.

Any thoughts on this (besides just sitting it out)?
thanks
ann

[fightback]

I wouldn't pay them a dime . I would hire Oscar.

[Jerry Witt (mcfilms)]

The other strategy is to try and track down what they are currently charging for the photo and reiterate that the page this was on received 54 hits. Offer to pay that. They'll still demand hundreds, but you will have an offer in place. If the one in a million should happen and they sue, you can use this evidence to show that you tried to settle with them. If you win, they will be required to pay your court costs. I think trying to extort such a large amount of money from a start-up for an image that was barely seen will get tossed out of court.

[Oscar Michelen]

It is highly unlikely they will sue over a single image.  Take a look around the site, listen to some of the videos and get educated on the topic as best as possible.

[giangster]

Sorry to resurrect this topic, but I have a question about admitting guilt. Would the OP's willingness to negotiate and even form a payment plan be an admission to guilt? Furthermore, what is the likelihood that this admission would be ruled in favor of Getty?

Somehow I wish I had not replied to Getty's letter, as I fear what is said can be used as leverage for them.

Are there recovery tactics in cases that seem like we've admitted guilt?

[Larry]

First of all I have never used a forum so I apologize if I'm not doing this right.

I tried to reply to the extortionletterinfo.com email but it came back undeliverable. 
Wow, was I ever happy to find this forum, but I hope I'm not braking any rules on my first post.
I received a letter from Getti Photo about three weeks ago.  Accusing me of illegal use of the photo.  A company that I won't name, since I'm not sure that is appropriate was recommended by a drop ship company.  They were offering a great deal on websites simple to set up to offer products from this drop ship company.  So I took the offer and used the themes provided by this company for designing my website - Link to themes  -  I probably shouldn't give out the links so I will let you tell me if that is ok or not.
I let Getti know how upset I was with their accusation, of course as a gentleman and of course they could care less.  They said they would research to see if I got my image from a licensed user but came right back demanding a payment of over $1,000.00.   If this company that is still offering images by Getti is not licensed why is Getti letting them promote these themes - images to customers new to the internet and totally unaware that they could possibly be committing any kind of crime.  I'm wondering if they do this and then go after the users and split the fines.  I know  Conjecture.
I have never committed any crime in my 61 years of life.  Getti has really lit a fire in me.
Thank You for this great forum and letting me know I'm not the only one,
Larry

[Jerry Witt (mcfilms)]

>> If this company that is still offering images by Getti is not licensed why is Getti letting them promote these themes - images to customers new to the internet and totally unaware that they could possibly be committing any kind of crime/

That's the big question, isn't it? Have you contacted the company that sold you the theme and the images? What do they have to say? Has Getty contacted them? How much are they currently selling this image for at Getty?

[Oscar Michelen]

@giganster:  You should condition that all your comments/discussion/etc are in the context of potential settlement and therefoer not admissible in federal court under Federal Rules of Evidence 408

[YourFriend]

First of all I have never used a forum so I apologize if I'm not doing this right.

I tried to reply to the extortionletterinfo.com email but it came back undeliverable. 
Wow, was I ever happy to find this forum, but I hope I'm not braking any rules on my first post.
I received a letter from Getti Photo about three weeks ago.  Accusing me of illegal use of the photo.  A company that I won't name, since I'm not sure that is appropriate was recommended by a drop ship company.  They were offering a great deal on websites simple to set up to offer products from this drop ship company.  So I took the offer and used the themes provided by this company for designing my website - Link to themes  -  I probably shouldn't give out the links so I will let you tell me if that is ok or not.
I let Getti know how upset I was with their accusation, of course as a gentleman and of course they could care less.  They said they would research to see if I got my image from a licensed user but came right back demanding a payment of over $1,000.00.   If this company that is still offering images by Getti is not licensed why is Getti letting them promote these themes - images to customers new to the internet and totally unaware that they could possibly be committing any kind of crime.  I'm wondering if they do this and then go after the users and split the fines.  I know  Conjecture.
I have never committed any crime in my 61 years of life.  Getti has really lit a fire in me.
Thank You for this great forum and letting me know I'm not the only one,
Larry

I found on the web one picture, I don't know that not free...
Now Getty image through Europe agent wants near 1400 USD, for one low resolution picture, and I didnt earn money...

I am without words...