Getty letter received - No clue what to do...

[NotCoolGetty]

I've read a number of posts in these forums, but I still can't seem to get a handle on what my best course of action here is.

I have a very small business and built my own website.  The business is animal related, and I originally added images of dogs to the site that I found on a "Free Wallpaper" site.  For back-up, I dragged any image I found on the site into Google search to make sure the image was widely used, and used by all types of sites, businesses, etc.  I (perhaps incorrectly) assumed this meant the image was "safe".  None of the images I used had any watermarks or other markings for copyright. 

Yesterday, I received a letter demanding $1,175 for a single image.  This image is on 1000's of pages online at high resolution (clearly not licensed on most), was found on a free wallpaper site, and has no markings.  I had actually even removed the image prior to receiving the letter, so it's not even on my site anymore.  Stupidly, perhaps, I called Getty and told them I had no idea, I got it from a free wallpaper site, and it wasn't there.  They offered me a $940 settlement if I paid within 7 days.

My understanding is that a company is required to protect their copyright, and that, at a point where an image is saturating the web unlicensed, the company has in effect not protected their copyright, and has therefore lost claim to said copyright.  At the same time, I have neither the time, nor the knowledge, to fight this in court. 

Simply put, for those of you who have a superior knowledge on the subject, do I pay?   

[Robert Krausankas (BuddhaPi)]

Keep reading, get educated first and foemost, you have lots to learn about Getty and copyright in general. If you don't have the patience consider hiring Oscar for the letter..

[Greg Troy (KeepFighting)]

Images are not required to have a watermark on them and copyright exists from the moment an images is taken, however Getty asks for unreasonable amounts.

I also would not pay them a penny without them providing proof of their claim which they will not do.  I am not a lawyer but if the image is as wide spread and offered on "Free" sites as you say it sounds like it is a case of deminimis infringement at worst.  I would get screen captures of the sites offering the image up for free and hold on to them.  There is lots of information in the forums to guide you on fighting back as well as examples of letters and complaints.

If you do not have the time or the will to fight with them I would use Oscar's Letter Program. $195 and they can no longer contact you, Oscar has handled over 800 of these to date.

[NotCoolGetty]

Thanks guys. 

Greg - I just dragged the image into Google image search, and there are over 25,000 instances of the image... a quick scan of which shows almost all of them (I only got through about 20 pages of results before stopping) on small sites, pet blogs, wallpaper sites, etc. 

Even $200 is a bit out of my ballpark... my business really makes little to nothing.  I've attempted reading to get an understanding, but either I'm not bright enough, not savvy enough to get the forum format, or not reading the right posts.  I'm getting that it doesn't matter that there are no watermarks, and that the copyright is potentially legitimate.  I guess I'm just not getting what my next best step is.  It seems a lot of people say to ignore it, and others say to write a letter... those seem to be my two best approaches other than paying.  I'm scared to ignore it... my business is all I have.  And, is there a form letter or something to assist with the letter approach?  Everything I read seems to say "write your own letter, each case is different".  Which is fine, but I'm no attorney.  Is there somewhere that tells me what I'm supposed to include in said letter?  Do I just send them a letter saying "please provide proof of your claim"? 

Any help is greatly appreciated...

[Jerry Witt (mcfilms)]

I think if you spend a few hours more reading you should be able to form a letter. The key, I would say, is to emphasis that this image is everywhere, it's (hopefully) generic, and you simply cannot discuss any settlement until you are provide with a proof of ownership AND certificate of copyright registration if there is one.

No one is going to draft the letter for you. If you want that, the solution is Oscar's letter writing program.

[Greg Troy (KeepFighting)]

Just because the images show up in Google on other pages doesn't mean that they were not licensed by those pages.  You will want screen captures of the image being offered for free on the free wallpaper sites you mentioned.

Here is a link to my thread and at the bottom of the very first message are links to my letters to and from Getty.  It will give you an idea of what to ask for and how the process will go.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

I did not pay Getty a penny because they refused the reasonable request of providing me with proof of claim.  I let them know I was willing to negotiate but they had to provide proof, when they threaten to escalate to their legal dept. I sent out many complaint letters.  After that I have not heard a word from them for a year now.

Do not copy my letters, only use them as guides.  Getty knows my letters and they will call you out on it if they are copied.

Thanks guys. 

Greg - I just dragged the image into Google image search, and there are over 25,000 instances of the image... a quick scan of which shows almost all of them (I only got through about 20 pages of results before stopping) on small sites, pet blogs, wallpaper sites, etc. 

Even $200 is a bit out of my ballpark... my business really makes little to nothing.  I've attempted reading to get an understanding, but either I'm not bright enough, not savvy enough to get the forum format, or not reading the right posts.  I'm getting that it doesn't matter that there are no watermarks, and that the copyright is potentially legitimate.  I guess I'm just not getting what my next best step is.  It seems a lot of people say to ignore it, and others say to write a letter... those seem to be my two best approaches other than paying.  I'm scared to ignore it... my business is all I have.  And, is there a form letter or something to assist with the letter approach?  Everything I read seems to say "write your own letter, each case is different".  Which is fine, but I'm no attorney.  Is there somewhere that tells me what I'm supposed to include in said letter?  Do I just send them a letter saying "please provide proof of your claim"? 

Any help is greatly appreciated...

[Couch_Potato]

If you don't even have $200 to use Oscar's programme what exactly are Getty going to take from you? How much of their legal costs could they expect to recoup by going to court?

Sounds like a dead end from their perspective.

[Robert Krausankas (BuddhaPi)]

If you don't even have $200 to use Oscar's programme what exactly are Getty going to take from you? How much of their legal costs could they expect to recoup by going to court?

Sounds like a dead end from their perspective.

Which is exactly why some people suggest just ignoring it, if you don't have it, they can't take it.