Hi everyone. First I wish to thank you all for the great information that's been constantly provided here in these forum boards. It has not only educated me quite a bit about these Getty extortion letters, but has - on and off (admittedly lol) stopped the panic and fear within me.
I was just perhaps looking for a bit of input here ... I know you may not be able to say much as I live in Canada - but as the saying goes you won't know unless you try.
So I've followed the advice here and asked for proof of ownership for the 1 image that they say they found on my website (unfortunately it was so - I had my website initially created by someone else - of whom is now deceased - however it was a placeholder so I could use my OWN images - which I have done a number of months ago - therefore there are no images on my web server that are not of my own creation). I also requested explanations on how they come to their amount requested.
Of course they refused to give me the proof that I requested but did "explain" the amount being asked. However I notice that within their letter, they're actually not claiming to have ownership rights to the 1 image. Here is what they state:
"The settlement demand we have presented covers more than the cost of lost licensing, alone. A portion of this demand is also a reflection of our administrative costs related to research, policing and our handling of matters such as this. The presented settlement demand is significantly less than what we would expect to recover if this case went to court, but it is in our intentions to resolve this matter before such progression becomes necessary.To clarify our position, Getty Images represents the photographer who owns the copyright in the imagery. This representation includes the privilege to license their intellectual property and the obligation to protect it from unauthorized use, known as copyright infringement. Rights Managed images, such as the one at issue, are exclusive to Getty Images and available for license only through our website.The requested proof that we represent the copyright owner would be made apparent through discovery, should the matter reach the court. We have chosen to try to quickly close unauthorized use cases such as this by avoiding the burden and cost of litigation. As you know, registration is not required with respect to settlement, especially when the damages we seek are based on what Getty Images and its represented photographer have been injured as a result of unauthorized use and now seeks to be made whole. These damages are calculated by the lost licensing fees, including our costs of enforcement. Had you not infringed on our represented photographer’s copyrights, we would not be attempting to recover these fees and the added efforts to pursue this unauthorized use matter. You can confirm that this image is represented by Getty Images by going to www.gettyimages.com and entering the image number. Getty Images is unable to provide further evidence at this time. Absent proof of a valid web license, the balance on the settlement demand presented remains due. The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remedies available under copyright law. "Initially they were asking for a whopping $870 for the image - however they dropped it down to $625 ... and of course I have to keep that all "confidential." They've given me til August 31th to pay ... all of that ... in one lump sum of course.
They definitely don't listen to the fact that I don't even make $600 a month - I've tried to tell them that you just can't get blood out of a rock. I did offer them a settlement of what I saw on their site - I used the quote tool for the image and I quoted myself at $210 for a license. And given I don't make much money in a month I likewise requested more time in order to even get that. In this 3rd letter they refused and say that the lowered amount of $625 stands and remains due (I didn't include that in my copy and pasting lol).
So at this point I'm at a loss on what to do next and what to even expect ... especially when they're actually not claiming ownership over the image? All I know is that I most certainly cannot pay that amount ... and for 1 picture - of which I myself didn't even post on the site.
Any thoughts or input would be so greatly appreciated. I'm starting to enter panic mode again - and for a person with anxiety issues as is ... not a good thing.
Thanks so much in advance for hearing this lady's frantic rantings ... and offering any guidance, advice.
Topic: Got 3rd Getty Letter Now I'm Not Sure (Read 18497 times)