Go Away?

[rjesse]

OK, so as much as everyone on this site, I want to fight Getty's tactics, but my question is, does anyone have experience with just paying what they demand?  Do they then go away or does this open up another can of worms?

[jbailey3]

I'm wondering the same thing.  Does anyone know if they go away after receiving payment?

[Robert Krausankas (BuddhaPi)]

make sure you get a reciept showing the image in question. If there are/were other images, they may come back for more, or the other images may have belonged to a different agency, and they may come knocking as well.. If you have images on your site, which you did not purchase or did not actually snap the picture, you are taking a risk..you may also want to remove your site from archive.org, as they can also use this to get screen captures of the site from before any questionable images were removed....

my question is why would you be willing to pay an extremely high amount in the first place?

[jbailey3]

Thanks buddhapi.

I'm not willing to pay the extremely high amount.  While I understand Getty's viewpoint, I agree that their demands are unreasonable and borderline unlawful.  I understand now that without a court ruling, they cannot demand punitive damages.

It seems to me that if they were truly concerned with enforcing and collecting on copyright infringement, they would accept offers to pay a reasonable amount.  After reading that they repeatedly refuse these offers, it appears that something entirely different is going on, I'm just not sure what.

That being said, if someone were lucky enough to come to a reasonable settlement offer, I'm just wondering if Getty stops there or continues to harrass the individual.  Maybe I'll be that lucky someone that can come to agreeable terms with Getty, where they can feel just in their compensation and I won't feel as though I got ripped off.  I might also win the lottery...

Jake

[Robert Krausankas (BuddhaPi)]

the problem here is your and my definition of reasonable and their definition is slightly different..okay well maybe not slightly..as an aside it would be a good suggestion to keep any correspondence with them for your records, showing good faith would go a long way in a judges eyes ( if it were to get that far)

best of luck and please keep us posted on any developments or decision you make..

[Jerry Witt (mcfilms)]

Jake,

If you are willing to engage in a settlement discussion with them, you can make it clear that your payment represents payment for any and all infringement and should they discover any additional images that they represent, they will simply issue you a take down notice and you will promptly remove them. I would wait to spring this part of the negotiation until you arrive at the price.

I have to say I kind of feel like you are dealing with the devil and you will be disappointed with any offer you get. But if you have the time, there is nothing wrong with ginning up the lawyer's billable hours. It might help the stock agencies realize threatening potential customers is a loosing tactic sooner rather than later.