Got My Getty Letter - Almost Laughable

[gettydontplaymelikethat]

Hello All,

First off, let me say how extremely appreciative I am about this resource.  It was very reassuring to read other peoples stories and experiences with Getty.  I could be here for weeks.

I received an extortion letter today asking for $950.00 for use of a single image that was used in the header of a user uploaded web-template on our server from 2007.  There are a couple of issues with their claim.

#1.  The image they are referencing is on a user generated page within our system.  It is not something that was offered for sale or commercial gain on our behalf.  This user created their own template  and graphics (they supplied their own images).  We are merely a very small hosting company.

#2. The template they are referencing was generated by this user in 2007.  This user never renewed their hosting, so the account was disabled after 30 days.  Their page residing in a non-public directory of the server, and forgotten about.

#3.  The timeframe this infringement occurred in was prior to our business changing hands in 2011.  In 2007 we were under different ownership.

#4.  We could probably source which user uploaded this alleged infringement but since they were a customer (under different ownership at the time) and in 2007 (6 years ago) it will not be easy as we don't have push-button access to those records anymore and even if we could source it there is no guarantee this person would reside at the same address or phone number.

#5.  The template in question was a sample page the user created and was never made "live", advertised, promoted, re-sold or presented in such a way by our company.  This is going to be really hard to prove any sort of damages with.  They listed it as residing on a "secondary" page when in fact, it was buried away in a non-public directory on the server, how they even accessed that is beyond me!

I'm going to send them a formal letter explaining the above points in a more professional fashion but they have not provided any mailing address to send a formal reply?  Only addresses to send payment too (ha yeah right!)  They did provide a phone number and I can only imagine how far that will get me.

If my letter efforts fail and they continue to harass then I guess I'll be back for the $200 letter program as it's worth it just to save my time.

My fear is that they turn this over to a collections agency who will then proceed to harass us.  We are in Canada so I am not sure how different the laws are here.  There are a few canucks on here who've stories I've read.  And again this place has been most helpful!  Thought I would add my voice to the roar!

Thanks!

[Robert Krausankas (BuddhaPi)]

I don't think the Letter program is an option for you, as you are in Canada, and Oscar is a US Attorney. Explaining your points to them will gain you nothing...and I strongly suggest you don't admit to anything..they won't care who owned the business, they won't care who uploaded the image....unless you have a DMCA Agent in place there is no safe harbor. They would however need to file suit where you are, which makes this case a more expensive one for them, thus diminishing the chances of them filing suit.

[gettydontplaymelikethat]

Thank you for your reply Robert.  So you think the best course is to write a letter requesting their image copyright registration along with a stronger case as to why I should pay them anything?  I really don't want to offer a settlement because we never downloaded or used the image.  To me offering a settlement would be an admission of guilt.  I am not paying them any extortion money until a judge tells me so.

[Greg Troy (KeepFighting)]

You should not have to worry about a collection agency, this is a claim and not a debt.  I don't know the laws in Canada but I would assume they are similar to the laws in the US.  All you have to do (in the US) is tell them that this is a claim and not a debt, you are trying to resolve the issue with Getty and not to call you again.

[gettydontplaymelikethat]

Thank you for the reply Greg.  And Thank You for your contributions here, over the last few days I've been getting up to speed on many others situations with Getty including your own, your letter campaign was an example of persistence and dedication, holy cow!

The "form" letter I received from Getty is a very bad quality photo copy and further, nobody has signed it or put their name to it so I have no person to reply back to, just a Case #.  They have also provided TWO mailing addresses.  A Canadian address on the Envelope (Brampton ON) and a US address inside the letter (Seattle WA), who do I send my reply to or both?

One interesting point is that they are demanding $950.00 for use of the image (which has now been purged from the non-public directory on our server) but in the same letter they offer to give me 5 images FREE if I settle the claim.  Doesn't that statement somewhat devalue their own images along with in a secondary way, their own ridiculous claims of value on the alleged infringement?

[Robert Krausankas (BuddhaPi)]

I agree it devalues their images...they would claim they are offering "royalty free" images which are less expensive to license.. Seems they are attempting to not only squeeze you for absurd amounts of money, but also trying to get you to be a customer afterwards..They must take the general public to be complete idiots..they would be much better served to request a reasonable amount to begin with, but that would effect the bottom line..Getty Images, Jonathan Klein and Lisa Wilmer are all shameless money hungry douche bags IMHO.

[Greg Troy (KeepFighting)]

My comments appear inline and bolded.

Thank you for the reply Greg.  And Thank You for your contributions here, over the last few days I've been getting up to speed on many others situations with Getty including your own, your letter campaign was an example of persistence and dedication, holy cow!

Thank you for your kind words, I am not done with them yet. 

The "form" letter I received from Getty is a very bad quality photo copy and further, nobody has signed it or put their name to it so I have no person to reply back to, just a Case #.  They have also provided TWO mailing addresses.  A Canadian address on the Envelope (Brampton ON) and a US address inside the letter (Seattle WA), who do I send my reply to or both?

I might be partly responsible for the lack of names, we noticed the letters started being signed "Copyright Compliance Team" rather than an actual name not to long after I started encougaging those who felt wronged by Getty to file complaints and name not only the company but the person sending you the letter too.  Don't think the minions liked be named in extortion complaints that are public record. 

One interesting point is that they are demanding $950.00 for use of the image (which has now been purged from the non-public directory on our server) but in the same letter they offer to give me 5 images FREE if I settle the claim.  Doesn't that statement somewhat devalue their own images along with in a secondary way, their own ridiculous claims of value on the alleged infringement?

I don't think I've seen them do this before, would you mind sharing your letter with me to add to my library of information?  If so it can be emailed to [email protected]

[gettydontplaymelikethat]

Greg,

Sure I can make a digital copy for you and PM it to you.  It basically says

" In an effort to help you find suitable replacement images, once you settle your case with us, we can provide you with a code for a free 5-image Pack from our ThinkStock collection.  After you make payment, please give us a call and we can provide you with the code and instructions." 

After continuing to read more here and in other forums I am contemplating just ignoring them totally.

1.  They sent their letter standard post.  If they were that serious you'd think they'd want a confirmation we received it?
2.  The photographer doesn't appear to have any copyrights registered: http://cocatalog.loc.gov/

You'd think anyone with a half-serious and legitimate, defensible claim would take the steps to ensure someone receives and acknowledges their letter.  I still don't know if I should write their Canadian or US address, that's IF I even reply to them.

[Greg Troy (KeepFighting)]

Thanks, I would like to see the letter.  Welcome to the wonderful world of Getty Demand Letters.

[Jerry Witt (mcfilms)]

@gettydontplay -- If you are in the business of hosting sites for others, you should have a look at this article:
http://www.wired.com/threatlevel/2010/10/dmca-righthaven-loophole/ (This doesn't really help you in this particular case.)

Also, although there are no guarantees in life, Getty would have to be insane to go after you and your issue. They will take a swing at rebuking whatever letter you send their way. So, in my opinion, you can either totally ignore them after that or (even better) follow Greg's excellent plan of action and let it be known you will not roll over. In any case, don't phone them and only email them to get the name and physical address of the person in charge of the copyright compliance team. (That ought a shake 'em up a little)