ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: meontheweb on August 12, 2012, 07:17:23 PM
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I just rec'd a letter from Getty Images (dated Aug 9, 2012) - only rec'd it today because I checked my mail only today.
So first thing was panic, and did I ever - I think I had palpitations; then of course was sweating buckets (still am); and the constant shaking every time I just look at the letter. Finally I told my wife, who also panicked but said pay it and lets get it over with - problem is that it's $1,275.00 CDN all from a website that was set-up as a hobby that I thought I might make a few $$ from to pay for hosting/domain name.
Then I hit Google and found this site - a lot of information, and am reading but "they" don't give you much time.
So onto my situation - I downloaded/found several images on the web and put them together as a collage. Of course nothing is identified as being copyright and had it been known I would not have used the one single image in the header. Image was that of a dog. What a mistake, and something I will NEVER do ever, ever again.
First thing was to take the header down, delete all copies off the web server and to be safe shuttered the site so that I can go through all the images to ensure that nothing is copyrighted -- don't know how the hell to do that, so I'll probably just delete all the images to be safe or delete the content and start over.
Next up - how to fight them? I saw several other posts - but "they" don't give you much time to educate yourself.
I probably will make use of the $50.00 phone call, if only to help calm the nerves and find out what my next step is.
Found ELI from another site (http://www.seotrainingsw.com/2011/09/getty-images-demand-letter/ (http://www.seotrainingsw.com/2011/09/getty-images-demand-letter/)).
Will start reading the blog and viewing the videos to at least become familiar with all the lingo...
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the time limit they toss at you is only a scare tactic, take a breath, relax, and contrary to what your wife says, don't pay it. You have time, you have options.for a quick education the phone support call is your best option, otherwise get reading..but more importantly don't stress out over this, your certainly not alone!
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Hi Rob - thanks for the note! I really don't want to pay. Though I am going to read and watch the videos, I've send Matt $50.00 plus the scans of the documents. I'm sure it will be the best $50.00 I've ever spent.
Thanks,
Mo
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Robert is absolutely correct, the time limit is an artificial deadline designed to scare you and think you have to act in pay before you have a chance to research and find out the full situation. You must do what you think is best for you but I would not pay Getty a penny. I assure you the situation is nowhere near as dire as Getty makes it sound. You have a couple of options available to you the first as you and Robert both mentioned is the Eli support phone call with Matthew. This is a good option if you do not care to take the time to go through the forums as Matthew can bring you up to speed very quickly. Your other option is to read the forums and handle Getty yourself. The forums contain pretty much all the information you will need to deal with your situation and will walk you through the process of what to expect.
Welcome to the forums and please let us know what you decide to do and keep us posted with your situation.
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Hi Greg,
Thanks for the note - definitely am reading, but a bit of 'hand holding' through the process will certainly help. Definatley did not need the stress right now... :)
Mo
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If you haven't already been here, this is a good starting point: http://www.extortionletterinfo.com/forum/getty-images-letter-forum/how-to-stop-gettys-employees-harassment/?topicseen
But the more educated you get, the more comfortable you will be with what you ultimately decide to do. I agree with most - don't pay them unless they can prove that the images are properly registered and theirs to manage and they can show what the value of the images is.
So far, my experience is they can't do either.
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Hi Stinger,
Thanks - will be doing a lot more reading over the next few days.
I also just got off the phone with Matthew (thanks for the call, Matt) and feel a whole lot better. I'm sure I could have found all the information here (he even said as much) but nice getting the reassurance.
Also should let everyone know that I am in Canada.
I definately plan on fighting this - $1,275.00+ represents a new laptop for my son or a heckuv a lot of other stuff.
I plan on doing more research here and on the web and will fight them and see what happens. Will definately post my experiences with everyone here, and if there are other Canadians on the forum hopefully it will help them with their fight.
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After my chat with Matthew who suggested that the first step is to know what you are being charged for.
His suggestion was doing research to find similar images on the internet at other stock photo sites to know the true value of those images. As Matt explained (paraphrased) "all you got was an invoice - it's up to you to decide if you're just going to pay it blindly or find out what you are paying for" and of course "you could get an invoice for anything, will you just pay it?".
So I've been searching stock photo sites like Dreamstime, 123rf and Shutterstock (there are dozens out there) for similar images.
Clearly gettyimages is extorting money!
The image that I've been accused of can be purchased for as little as $11.06 and so far the most expensive I have found is $19.00. All these sites allow for the image purchased to be used online for as long as you want. You pay more if you intend to resell the final product that is developed using their images.
Slowly gaining confidence that I'll be able to tackle these folks.
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For those who find this site and are Canadian, I found this rather old post which provides this information:
I have spoken to David Fewer, Counsel at the wonderful CIPPIC clinic at the University of Ottawa, who has agreed to keep track of these demands from Getty Images and to consider CIPPIC’s possible involvement. He can be reached at 613-562-5800 ext. 2558. His e-mail is:
[email protected]
All rights holders are certainly entitled to enforce their legitimate rights in a legitimate way. But they should not be permitted to do so in a manner that is abusive and/or to misuse these rights. This is Canada and such behaviour is likely to prove most unwelcome in Canadian courts, especially after the signal sent by Justice Bastarache.
Hope I'm not breaking any rules by noting the URL of the site:
*** URL DELETED ***
TAGS so Canadians who get the letter, can become more informed
gettyimages letter canada
getty images letter canadian
settlement demand gettyimages canadian
NOTE: I have e-mailed Mr. Fewer and CIPPIC (http://www.cippic.ca) and will post the e-mail and subsequent reply. For Canadians that find this site, you should really check-out CIPPIC there is A LOT of good information about copyright, privacy, identify theft etc.
UPDATE: DOH! Should have read the post by Matthew on Mr. Fewer first... will see how it goes with him.
2nd UPDATE: DOH! Well that was quick, not quite a PFO though. Essentially what CIPPIC/Mr. Fewer said is what is being said here on this site >> FIGHT IT OUT if you have the stomach for it (exactly what Matthew says) and the steps outlined is what's discussed here (such as accept the fee demand, negotiate a lower fee, offer-up $500.00, state you are an innocent infringer, do nothing and fight it out). What I did learn (from a document they provided me) is that in Canada as an "innocent infringer" you could pay as little as $200.00. In Canada copyright complainant is entitled to statutory damages between $500 and $20,000 (!!!) however in most cases courts are unlikely to ward more than $500.00 (HOORAY - so in Canada, high probability that GettyImages would not sue as I'm sure it will cost more then $500.00).
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Great post meontheweb! The comments to the article linked to, speak volumes about the size of this problem. I hope the Canadian courts take care of their citizens, and I hope the American courts take care of Getty - if you know what I mean.
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Fewer's not really in the "legal defense" business.
His comments are quite general, and not "meaty" enough.
Additionally, some of his stuff relates to older issues, and things have changed.
So, here are some interesting tidbits from me:
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There have been about 60 Masterfile lawsuits in Canada, and only two Getty lawsuits that occurred several years ago.
In almost every case, these actions have been settled out of court, abandoned by the plaintiff, or a judgement was made against a defendant that defaulted.
I can only think of two cases that actually went before a judge; both were Masterfile cases.
One was a win for Masterfile, with MF awarded "a multiple of the license fee".
The other was a big loss also by Masterfile. Search for Masterfile vs World Internet.
So, there's not a lot to go on as far as example cases go.
I have also heard that Getty does employ some lawyers in Canada to send out threatening letters as well.
Much as in the US, the Achilles heel of these cases turn out be who actually owns (and therefore who has the right to collect damages) in cases of infringement.
Getty has done a terrible job in this regard, and would be quite easy to defeat if they do not own the rights to the work in question.
So, that's where to start should you feel the need to fight.
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Getty images doesn't have a single thing registered in Canada, last I checked.
That's a problem for Getty.
"Registration, while not necessary, provides certain presumptions that are useful if the copyright is litigated and prevents any person from relying on the defence of “innocent infringement” (i.e., where the infringer did not know and had no reason to suspect that copyright existed in the work). If there is no registration, an infringer who successfully proves the defence of innocent infringement could be prohibited from further copying but would not be liable for damages."
from page 66:
http://www.osler.com/uploadedFiles/News_and_Resources/Publications/Guides/Doing_Business_in_Canada_-_2011/DBIC-Chapter13.pdf
Even if this went to court (and it won't by the way), you could claim "innocent infringement", and not even have to pay the retail value of the image, probably nothing at all.
ProTip: I think that Masterfile has retained Osler (the source of the above quote) in the past for litigation...
S.G.
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On a more positive note, it appears David Fewer is slowly making his presence known insofar as helping Canadian victims. This is good in light of the fact there is still have no legal equivalent counterpart to Oscar Michelen here in the U.S.
I know I have written some harsh words regarding David Fewer (and Howard Knopf) for sitting on the sidelines watching Canadian victims twist in the wind. But the fact that David appears to be communicating and sharing his thoughts more openly is something that gratifies me.
It doesn't hurt that his advice closely mirrors ELI advice.
I want it known that despite my previously harsh words against David Fewer for non-involvement, I would absolutely welcome David Fewer to the ELI Forums and give him a voice and platform for his views of the Canadian environment if he wishes.
What David Fewer needs to understand is that sharing information, insights, and informed opinions can be very helpful to the greater good even if you cannot directly represent someone.
I have no legal standing or formal legal training but that has obviously never dissuaded me to take on an informed position within a legal fight. Everyone contributes with what they have.
I will likely extend a formal invitation to him in the near future to voice his thoughts and views.
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Great post meontheweb! The comments to the article linked to, speak volumes about the size of this problem. I hope the Canadian courts take care of their citizens, and I hope the American courts take care of Getty - if you know what I mean.
Thanks - unfortunately (IMO) most Canadians would just rather pay, as we are usually "sorry for everything". :-)
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@SoylentGreen - great post! The one thing that the document Mr. Fewer sent mentioned that Masterfile will go after everyone and anyone; however it is good to read that they have not been entirely successful - but I guess with a whole team of attorneys that will bend over anywhich way, might as well keep 'em busy.
Thanks for the link - great information! Added to my bookmarks...
@Matthew - I would hope that he would get more involved; Canadians definatley need a presence for these types of issues. Until I found that other site, I hadn't realized how prevalent the issue is up here - and I can imagine that if Canadians simply pay because "it's the right thing to do" and because they may not know of any other alternative they will go after even more people and businesses.
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I, too, have received a letter,first in May and then in June. I am finally getting around to trying to write to them. It does say that the image in question has a signed property release. I am a small business and I innocently put a photo up with an informational article for parents. I copied this from somewhere on the web. They want $1,065!!!
I immediately removed the image after the first letter. I just don't want this to go further and affect my credit. They say that "failure to make payment will result in escalation to our Legal department and possibility of legal action being commenced for damages exceeding the amount presently being offered by way of settlement."
It is scary and I want to state my case in the letter. Wish somewhere there was a sample letter that makes sense so I could get it right. Should I seek legal counsel, which I can't afford?
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@ Susan, don't worry about your credit this is a "claim" not a debt, they can't touch your credit, in any way shape or form.. There are no "sample letters" as each person case/scenario are different. Writing to them will not make it go away, if you feel you can't deal with this for the next 3 years, you might consider hiring Oscar ( if you're in the states), and at that point they can't contact you and give you the fear factor treatment.. We also offer a support call, if you feel you want a quick education and want to handle it on your own.
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Susan: Don't let these guys scare you. Step back, take a breath. Spend some time educating yourself in these forums.
After you've done that, refer to this post http://www.extortionletterinfo.com/forum/getty-images-letter-forum/how-to-stop-gettys-employees-harassment/ for a rather concise summary of your options and what you should do if you wish to deal with these guys on your own.
You are not alone in this battle. This forum will prove that to you.
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in addition to the above mentioned thread, this is strongly suggested reading as well
http://www.extortionletterinfo.com/soylentgreens-defense-strategy-summary-guide/
Bottom line is the more you get educated, the more ready for battle you will be.
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Susan,
Welcome to the forums, I know it may seem scary but believe me it is nowhere near as bad as Getty makes it seem. These letters are designed to look like a legal case is imminent and to panic you with an artificial deadline of 14 days to pay or else. As others have suggested, step back and take a breath and start reading the forms as pretty much all your answers can be found here.
While your first reaction is a common one of wanting to write to Getty and plead your case I can pretty much tell you that Getty does not care what your story is and the only thing they want is money. Getty has started using these extortion demand letters as a business model and a means of making money rather than legitimately trying to protect artists intellectual property rights. If they were truly concerned about protecting rights in cases of innocent and nonwillful infringement a simple cease and desist letter is all that is normally required, yet Getty continues to demand exorbitant and unrealistic dollar amounts for so-called damages.
To also help put your mind at ease to date Getty has not sued anyone over the use of just a single image. As Robert has said, every single case is different and every letter should be unique and tailored to your situation but I have made my correspondence between Getty and myself available as well as complaint letters that I have filed against Getty with the Washington State Attorney General's Office, Washington State BBB, the Federal Trade Commission and my Congressman and Senator. If you would like to look at these letters they can be found at the following link:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/
Again, I would only use these letters as a reference to see how the correspondence with Getty will most likely go as well as the different agencies you may file complaints with should you feel you have been wronged and wish to do so.
Read the forums and consider your options as you have four of them. First is to ignore it which I do not recommend. Second is to respond to and fight Getty yourself which some including myself have chosen to do. Third is to take advantage of the Eli support call with Matthew as this can bring you up to speed rather quickly and help you decide which option is best for you and finally is utilizing Oscars letter program which will make it so Getty can no longer contact you and they will have to deal with Oscar.
I hope this helps you out, continue to read and ask questions and please keep us informed as to your progress.
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@Susan - I've been somewhat lax in the last few weeks and haven't really worked on my response, but will take it up again shortly. I'd gladly share with you what I wrote. I do plan on sharing it here in any event to get feedback on what I've written.
Also - welcome. I'm been in and feel am still in the same boat as you. Every time I visit this site my stomach knots (not because of the site - but just having to deal with this)... doubt it will go away anytime soon.
But as before me have said, there is a TON of information here - more than enough to put a letter together.
There is also a start of a good letter in another post here (http://www.extortionletterinfo.com/forum/getty-images-letter-forum/received-second-notice-last-month-and-asking-for-input-on-my-response/) that will get the gears moving.
I'm basically at that point in my letter as well - I've researched what is available out there and have even found image sites that will let me use their images for free provided I give them a return link -- so the fee of $1,000 is outrageous (in my case it's $1250).
You may want to call Matthew if you want some reassurance that you CAN do this.
Step 1 is to decide whether you want to fight or pay (advice by everyone is to fight)
Step 2 is to do your research; what is that image really worth?
Step 3 using the information here, write your letter and send it off...
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So I'm finally getting around to writing my letter - I procrastinate too much, part of which is because everytime I come to this site or any of the others out there that are fighting GettyImages my stomach turn and I can feel more hair dropping off my already balding head. Not the sites but the "fear" and anxiety that these letters seem to trigger...
Anyway it'll be a long while before I'll get over it.
I've read several posts from Canadians on other sites that say "ignore, ignore, ignore" however most here say don't ignore. I'm confused.
Why would I want to ignore them? Why should I not ignore them?
I appreciate all the feedback rec'd from everyone! This is a great site with a lot of superb information.
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I believe the issue with ignoring the letters can be if Getty should ever decide to take you to court and then they can get up and say we sent him X amount of letters and he never responded which makes you look bad. I think you'll find that most on the form advocate sending one letter, admitting nothing and informing them the image(s) have been taken down and at the same time requesting proof of claim from them. You may also wish to make a "reasonable"settlement offer which I did in my case but also made the offer contingent upon Getty providing proof of claim. Inform Getty that if they do not provide proof of claim that you consider the matter closed and will enter into no further correspondence or negotiations until they provide you the proof.
The reason that you will find we advocate sending at least one letter is so that you are covered should Getty ever decide to take you to court. This way you can get up and say I made a reasonable offer of settlement and offered to continue negotiations and the only thing I requested was just proof of Getty's claim to the image. Now the ball has gone back to Getty's court where you have made an offer, offered to continue to discuss the matter in all she wanted was proof, yet Getty now has refused to provide that.
Also if Getty's claim is just for one image you can feel a little easier as Getty to date has never taken anyone to court for one image. The fact that you are in Canada increases the difficulty in Getty's tactical most likely be just a harass you with letters.
I have made my correspondence with Getty available as well as complaint letters that I have filed with various agencies against Getty and if you are interested in seeing any of the information it can be found in the thread linked below.
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/
I hope this helps and please keep us informed as to your situation.
So I'm finally getting around to writing my letter - I procrastinate too much, part of which is because everytime I come to this site or any of the others out there that are fighting GettyImages my stomach turn and I can feel more hair dropping off my already balding head. Not the sites but the "fear" and anxiety that these letters seem to trigger...
Anyway it'll be a long while before I'll get over it.
I've read several posts from Canadians on other sites that say "ignore, ignore, ignore" however most here say don't ignore. I'm confused.
Why would I want to ignore them? Why should I not ignore them?
I appreciate all the feedback rec'd from everyone! This is a great site with a lot of superb information.
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Hi Greg - that makes a lot of sense. I'll continue with my letter.
I also did e-mail Mr. Fewer and here is his reply (helpful for any Canadians that visit the site dealing with GettyImages):
Writing Canadian officials will not be of any use except in cases in which
Getty has made a misrepresentation (ie, they don't own title, etc.).
Unfortunately, this is a legal matter. If you do not feel comfortable
dealing with Getty on your own and you don't want to pay them to go away,
you will have to hire a lawyer.
As the FAQ we sent you should have indicated, ignoring Getty is a strategy
that has worked in the past, although there is no guarantee that Getty
will continue with its policy of not suing in Canada. This strategy will
result in 2 years of continuing harassment. There is a 3 year statute of
limitations on copyright infringement - after that, you are safe.
I cannot advise you what to do - it is a matter of your personal capacity
for risk and tolerance for harassment. It should also be clear, I hope,
that you are not obliged to pay what Getty demands, even if you are in
fact liable. You are only obliged to pay damages. Getty's demands
generally are in excess of those damages.
Bolded & italicized text is my edit to the message - while my tolerance for risk and harassment is low; I'll have to "suck it up" for the next few years and pray they never decide to make an example out of me. But from what I've read they won't be able to get much anyways...
Also would appear that contacting the US OAG would not be helpful - at most it may alert them to their tactics of harrasment of individuals/companies accross the border but they may not be able to do much to assist.
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Hello All - here is my draft letter (sitting there for a few weeks). I would appreciate your feedback... I think I've said a few things twice or thrice, that's me being nervous:
===== START OF LETTER =====
I received your letter dated August 9, 2012 with respect to the use of an image that is alleged to be copyright by GettyImages.
The image in question has been removed from the site immediately upon receiving the letter even though it was not clear in the letter that you are the actual copyright holder of the image.
The site was created as a hobby site, with the knowledge that it would not generate any revenue. The image was not being used for commercial purposes and it was not being distributed. Please also note that I am not a company, but an individual.
With respect to your invoice in the amount of $1,275.00 CAD I would request the following details to determine ownership and registration of the image:
1. Please provide copyright registration of the image in question
2. Signed paperwork from the photographer that transfers copyright to GettyImages.
3. The method in which the amount for settlement demand was determined.
4. Sales records, including all fees, of the image.
5. The exact day that the alleged infringement started.
I would also request that GettyImages, their employees or any other party that GettyImages retains cease all communications with me if they are not able to provide me with the information indicated above.
Currently nothing in your letter proves that you hold the copyright to the image in question, so before any settlement can be considered I am requesting proof that you hold the copyright.
In researching similar images for licensing, I have found that images can be licensed for free (with proper attribution) to $49.00 when purchasing multiple images or credit which can be used towards the purchase of images.
Without admitting any guilt, I would settle this matter for $49.00 to put this matter to rest.
===== END OF LETTER =====
Thoughts? Suggestions?? Start over???
I read CowgirlCaz post and will do more research to see if I can find that same image elsewhere. The research I had done was on similar photo sites to see if they had similar images not the identical image and to obtain pricing from other such outlets.
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While you are correct that contacting the Washington State Atty. Gen.'s office will not do you any good as an individual it doesn't add your complaint to the many others filed there and the more complaints that are filed the sooner the tipping point will be reached where they feel the company needs to be investigated. I know that there are over 60 complaints currently on file against Getty images for their
extortion settlement demand letter practices.
Also I think you'll find more letters like this you file and the more of a nuisance you become the less interested Getty may become with you. When there are so many out there that pay out of fear or without doing research why would Getty want to waste time and money on someone that is going to fight back and fight back hard. It also bolsters your case if you can show that not only did Getty not provide you with the proof that you filed complaints against them for their practices.
Hi Greg - that makes a lot of sense. I'll continue with my letter.
I also did e-mail Mr. Fewer and here is his reply (helpful for any Canadians that visit the site dealing with GettyImages):
Writing Canadian officials will not be of any use except in cases in which
Getty has made a misrepresentation (ie, they don't own title, etc.).
Unfortunately, this is a legal matter. If you do not feel comfortable
dealing with Getty on your own and you don't want to pay them to go away,
you will have to hire a lawyer.
As the FAQ we sent you should have indicated, ignoring Getty is a strategy
that has worked in the past, although there is no guarantee that Getty
will continue with its policy of not suing in Canada. This strategy will
result in 2 years of continuing harassment. There is a 3 year statute of
limitations on copyright infringement - after that, you are safe.
I cannot advise you what to do - it is a matter of your personal capacity
for risk and tolerance for harassment. It should also be clear, I hope,
that you are not obliged to pay what Getty demands, even if you are in
fact liable. You are only obliged to pay damages. Getty's demands
generally are in excess of those damages.
Bolded & italicized text is my edit to the message - while my tolerance for risk and harassment is low; I'll have to "suck it up" for the next few years and pray they never decide to make an example out of me. But from what I've read they won't be able to get much anyways...
Also would appear that contacting the US OAG would not be helpful - at most it may alert them to their tactics of harrasment of individuals/companies accross the border but they may not be able to do much to assist.
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I think your letter covers all the major points.
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I don't understand the logic of making an offer subject to proof of claim.
The logical order of things to me would be:
1) Receive a claim from Getty.
2) Ask Getty to prove their claim.
3) If proof is received then assess what you feel is reasonable and make an offer based on the specific factors of the claim.
Would a judge penalise somebody who had taken the time to deal with the issue just because they hadn't written down arbitrary figure in a reply to a claim that had no proof?
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Depending on how you approach this there are two reasons, the first approach was I was answering the question in this thread of do you ignore Getty's letter or do you send one letter, so my response was based on the premise that you're going to send one letter and be done so you must cover all of your steps in one letter.
I myself did not send my offer with my first letter as my approach is more of I am going to make this a serious time suck as well as being a thorn in Getty side approach. However, at some point I did make what I considered to be a reasonable offer contingent on proof of claim. The reason for the contingency is that Getty is still sending me an invoice but has not yet proved that I owe the money.
As to what a judge would do or not do you can never tell but I believe it shows good faith on the part of the letter recipient when you can say that (in my case):
1) I dispute this claim and any infringement however, if there was infringement it was innocent and nonwillful and I have proof in the means of screen captures of where the image was obtained showing the image belonging to someone else and being offered up for free. Also Getty is currently being sued by Rock Photo for infringement in Getty's defense is that the infringement if at all was innocent and therefore they should not have to pay.
2) I have requested that Getty provide me proof of their claim of exclusive rights to the image in question as well as the signed contract giving them rights to pursue and collect damages.
3) I have let Getty images know I am willing to continue to discuss and negotiate this claim.
4) in the response letters to complaints filed with various agencies Getty always claims they cannot provide proof because of confidentiality agreement signed with the artists. I have offered to sign a similar agreement binding me not to discuss, disclose or reveal anything in the proof I have requested except for the purpose of settling this claim to which Getty has replied they still will not provide proof as it just takes too much time and expense.
5) I made Getty images what I considered to be a reasonable offer contingent on proof.
Items three through five are all contingent upon proof being provided. Since you never know how a judge will react or respond I think it is best to cover all of your bases as thoroughly as you can to show you have negotiated in good faith and were willing to try to settle this claim yet Getty has refused provide any information. And since Getty is making the claim and sending the invoice the burden of proof rests on their shoulders not mine.
I don't understand the logic of making an offer subject to proof of claim.
The logical order of things to me would be:
1) Receive a claim from Getty.
2) Ask Getty to prove their claim.
3) If proof is received then assess what you feel is reasonable and make an offer based on the specific factors of the claim.
Would a judge penalise somebody who had taken the time to deal with the issue just because they hadn't written down arbitrary figure in a reply to a claim that had no proof?
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Couch: The idea of extending a small offer (though a reasonable one considering the size and use of the image involved) is to show just a little more good faith should this be the one case that gets to court. It is highly unlikely Getty will accept the offer, though they should, but it is just one more step to show who is being the reasonable party. Getty would argue that their long letter with its FAQs is a sufficient proof of claim. Remember, there is no requirement that an image be registered to be able to ask for damages for its infringement. You only must register if you intend to proceed with a lawsuit.
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Just to update everyone on this - I've really been dragging my heels. Everytime I look at the letter, or come to the site for advice - panic sets in and I don't sleep for days - which is what they are looking for so that I (and others) settle.
I actually managed to print the letter out, and sign it today and am going to send it out. Will keep everyone updated as to what happens.
Thanks again everyone for your support and advice.
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UPDATE: So I sent my letter to them, registered mail this time and no reply via mail -- but get this, e-mail. Why would ANYONE send something important via e-mail? How often to e-mail accounts get hacked? How often do you get SPAM? How often do you get e-mails from "Nigeria" asking for payment for something?
They keep insisting that an image was found on "your company’s commercial website" - ummm... not a company website, but personal site, and not commercial but hobby.
So do I assume the e-mail is real since there really is no way for me to tell.
It is interesting that the letter is coming from the US and not from Canada -- not sure if Getty Images has a Canadian office or not...
So what is my next step? Do I reply to the e-mail eventhough I'm not certain it's really them or do I wait for them to send me a letter?
Back to reading... was hoping that I had not heard anything they would roll-over and die, but apparently not.
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if you replied to them via registered mail would not reply via email, let them put some effort in...you could easily change your email address, or simply reject anything from getty and return it to them using a filter...
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... found this on the web:
Registration, while not necessary, provides certain presumptions that
are useful if the copyright is litigated and prevents any person from
relying on the defence of “innocent infringement” (i.e., where the
infringer did not know and had no reason to suspect that copyright
existed in the work). If there is no registration, an infringer who successfully
proves the defence of innocent infringement could be prohibited
from further copying but would not be liable for damages.
From a PDF from Osler, Hoskin & Harcourt LLP.
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correct, thats why we always ask for proof of registration..we know getty doesn't register their images, and therefore would not be able to collect these big sums..maybe 200.00 if they were lucky...this is all well documented in the forums..
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I agree with Robert. Do not correspond via email and do not take their phone calls. Your position should be that you want everything on the record. And make them work harder. The harder you make them work, the more likely they will bypass you for lower hanging fruit.
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Thanks for the advice - will wait until they send a letter! Happy New Year to all.