Getty/NCS Contacting Our Broker

[AZRealtor]

Sorry to appear selfish and make my first post is about MY Getty problem, but I believe I have an unusual situation.  So, before I email the very gracious attorneys at this website to treat with Getty on my behalf, I'd like to outline my situation.

I am a real estate agent and started my own website for myself as an licensed agent in 2001.  At that time I hung my license as an I.C. (commissioned salesperson) at a big national R.E. franchisee locally.  I was there for six years.  Starting out, I bought some templates of business-oriented photos.  They were inexpensive.  I used them freely, developed my website into a fairly good-sized entity, year by year.  As time went by, I started purchasing licenses for photos from IStock because they were of good quality. But, in and about the website were photos from the original business templates I had purchased online.

I left Broker 1, and went to another broker, again, as an I.C.  According to our state laws, I am required to put the name of my broker on my personal website.  But, of course, my website is extremely and overwhelmingly branded with my name-- me, me, me!  The Broker's name is waaaaaaay down at the bottom of the page.  Probably people can imagine why that is.  It's so that people contact ME and not the broker or other agents who work there!

Sometime in 2007 I rec'd an email from Getty about 1 photo along with the traditional demand for payment.  I immediately removed the offending photo.  I responded to them telling them that.  I read further about their tactics online, and didn't respond any further.  I rec'd another email, but this time I noticed that it was addressed to my Broker.  I immediately emailed a response that the website did not belong to my Broker, that I was the owner of the website; that in fact, my Broker had his own company website distinctly separate from my personal website.  That I, and only I was the responsible party.

So, I started looking for some way to defend myself if I had to.  Track down the origin of the photo.  I learned how to examine the offending photo.  I found that it came originally from a China-based website, was from a portfolio called, "Business10", and from the properties, it had been PhotoShopped on a certain date.  Visual exam of Getty's photo and the one I'd bought showed it had been altered. The original website where I bought the package was defunct.  I didn't contact Getty and tell them about what I'd found out. l figured I'd save that info till needed.  Don't know whether it'd work anyway.

So much for how I obtained the photo and how I had used it.  Subsequently, Getty sent a threatening letter to my Broker.  I tried to explain what it was and assured him that I'd taken responsibility.  I also told him it was best not to answer them.  (This I had learned by research online).  About 2 weeks ago, the letter from NCS comes to the office (settlement letter) addressed to the Broker's company, and again I say I will handle it.  But how to do that?  I'd intensely dislike talking to my Broker about it, know pretty much he'd send them the $1200 and take it out of my commissions.  I don't think that's what I want to do.  I think it's wrong.

According to what little I know about legal matters, I remember that one has to go after the appropriate entity in any legal matter.  That one cannot go into court and bring an action against the wrong party, either a person or a corporation.  I'd assume that trying to collect a debt from a party who is not obligated would be the same.  So, I'd like to answer NCS appropriately.  I'd very much NOT appreciate them continuing to try to collect a debt, even a bogus debt from my Broker.  Quite honestly, I fear I might be severed and lose all my listings.  I have a very lucrative business built up over 9 years.  In these tough times in real estate, my listings and contacts are extremely attractive to other agents in the office and my Broker, who is hurting.

So, if it is helpful to other Getty sufferers to have my post answered in the forum, great.  I am also willing to pay for help with straightening this out.  It is doubtful that I could explain this to my own attorneys, and would much prefer working with attorneys who are completely familiar with this mess.  If I can get my Getty problem behind me, I'd like to help others out in any way I can!

[Oscar Michelen]

Ok - you raise a number of issues that others have faced before and I will try to quickly address:

(1) Origin of the photo - one of the main problems Getty has is that sometimes these images aren't exclusively on their site. Keep any proof you have of the origin of the photo it could indeed come in handy;
(2) Contacting your broker instead of you A copyright holder has the right to go after the "end user" even if the user had no role in acquiring the questioned image.  Getty sees the broker name on the page and they want to go after the big fish who is most likely to pay.  No matter how much you tell them to contact you only they will not (and maybe even the more you tell them to do so they will do the opposite so that you are more likely to settle to get rid of this problem). Of the nearly 50 clients we presently represent under our letter program, probably one-third are web site developers who hire us on behalf of their clients who where contacted by Getty. Since they created the site, they feel responsible and want to keep their customer happy. We have had agents with Century 21 and Remaxx retain us to avoid the same type of  situation you are in.  One letter from a lawyer stops them contacting anybody.  They must then deal exclusively with the lawyer
(3) NCS is trying to collect the debt now.  They same rules apply to NCS.  They know of my firm and will send your file immediately back to Getty once they get our letter. As for why they can't put you or your broker "into collection,"  look at the other posts  on that topic here at the forum

Bottom line is that we would send the letter to NCS on your  and your broker's behalf. That will at least cool things down and then we would await for Getty to contact us.  If you look at some of the other posts here, you will see that our legal position is getting stronger all the time as we find out more about Getty.   To take advantage of our $150.00 letter program, email me at xxx

[AZRealtor]

Thank you most kindly for your response. I will email you and we'll go from there.