Got my letter few days ago

[doggycase]

First of all, I'm new here.

Got a letter few days ago from Getty Images for using one of their images on my blog. It was a small dog image that I found from Google Images, which I have shared during the time I was bitten my pet dog (I should have taken a picture of my dog instead of using Google images, MY BAD). No watermarks or any credit given to Getty Images that the image I right-clicked and "Save As" on my computer and uploaded it. I'm really unaware that this image was copyright-protected and I didn't know that they really owned it, and they're demanding around $1,000+ including VAT (in pesos, P38,300 + P4,596 VAT) = P42,896). I removed the image immediately from my blog and server, and all of those images that I downloaded from Google images (except my own photos and screenshots). I just don't know how to remove all of it on WayBackMachine (I'm totally noob on this). My parents are shocked about this, so as me. My blog does make money from my banners and affiliate links (but only once every 2-4 months I think), but my dog blog post using the image has nothing to do with selling (nor selling this image), because I only shared my experience about bitten by a dog.

I searched the matched image on Getty Images that I right-clicked from Google Images (without left clicking the image first), and I found that one blog post from Gendenk.org that has the same image. We'll, I think this is the one that I have right-clicked. But I don't know why is it appearing on Google images? It's not really fair to me and to all of those victims and innocent people of Getty. Instead of them sending a cease and desist letter, they want my God damn money and might not care about my explanations! I researched even more that I'm not alone on this. There are like thousands or millions of people around the world who are also bullied and threatening them. Some of them claimed that Getty Images are just bullying people through these extortion letters, demanding payment and never cared about second chances.

The date of the letter was on March 29th, 2012 and I have 14 days to pay them from the date of this letter. But what the heck? I just got this letter few days on my mailbox (June 6, 2012) and deadline of settlement should be on April 12th of 2012. We'll, I just don't know guys since it passed the deadline already...nothing happened as of now.

The name of the rightful holder is John Lund, so I searched about him and I found his website full of stock images. I contacted him directly through email with a "fake" name asking if the guy from Gendenk.org has bought license from him. When I woke up today, I got his reply saying that he bought the license already from Getty Images.

For just an average quality dog image that I right-clicked and Save As, they will charge thousands like this? Not fair to me!

*What about the kids downloading lots of images without knowing that it was from Getty?
*What about the teachers who downloaded these images to present a slideshow lesson to their students without knowing that those images are from Getty?
*What about the parents who downloaded these images to include it in their video greetings presentation saying "Happy Birthday" to their child without knowing that they're coming from Getty?

I didn't emailed back or paid them yet. I see that others just removed the images and ignore them for good...and never heard from them again. There's not even one real event that Getty Images put the copyright infringer/s into the court (out of thousands who have received this extortion letter every year). But there are other images there are not really owned by Getty, which they copied and sell it without authorization from the real rightful holders.

For now, I can't afford to pay them. I even can't afford to hire a lawyer and I have no company or business right now. I just have to update you guys if I indeed got the second letter from Getty. By the way, I'm from the Philippines.

[lucia]

Phillipines? You're going to have to get uptodate on laws in the Phillipines!  I found the wikipedia page (for whatever that is worth).

http://en.wikipedia.org/wiki/Copyright_law_of_the_Philippines

[doggycase]

Phillipines? You're going to have to get uptodate on laws in the Phillipines!  I found the wikipedia page (for whatever that is worth).

http://en.wikipedia.org/wiki/Copyright_law_of_the_Philippines

Thanks Lucia. I'm reading this now.

UPDATE: Just got my second letter today. The date of the follow-up letter was May 25, 2012 and the date of my envelope was June 6, 2012, but I only received this today (June 11, 2012). It says:

"Your failure to make payment immediately will result in escalation to our Legal department and the possibility of legal action being commenced for damages exceeding the amount presently being offered by a way of settlement."

I am now dealing with Benign Fasciculation Syndrome (BFS) and I'm not really comfortable in my life everyday, especially dealing with Getty copyright trolls.

We'll, Philippines is very common in terms of piracy and copyright infringement. A lot of people here like me are taking images on Google not being aware on copyrights, and shared it on their blogs, Facebook, etc., but now I think it''s time for me to warn them. I also know that there are some Filipinos here who got Getty extortion letters too, but I don't know about their status right now. Until now, there are still many of them selling pirated CD's, DVD's, etc. (movies, music, games, etc.) in any place. I still won't attempt to email or pay them. I also think the possibility of taking action against me by this copyright trolls will be zero to very low chance...but could be rare.

If I earn around $1,000 a day at least, I could afford to pay them to stop bullying me. But now, I'm still a poor guy and trying to play the "waiting game" for this.

Btw, I am so glad that I found this forum. Thank you so much Matthew, Oscar and other contributors who shared their Getty experiences here. I could have ended up paying these copyright trolls without digging deep into this precious hole of yours. I've got to learn a lot from here.

[doggycase]

Phillipines? You're going to have to get uptodate on laws in the Phillipines!  I found the wikipedia page (for whatever that is worth).

http://en.wikipedia.org/wiki/Copyright_law_of_the_Philippines

Thanks Lucia. I'm reading this now.

UPDATE: Just got my second letter today. The date of the follow-up letter was May 25, 2012 and the date of my envelope was June 6, 2012, but I only received this today (June 11, 2012). It says:

"Your failure to make payment immediately will result in escalation to our Legal department and the possibility of legal action being commenced for damages exceeding the amount presently being offered by a way of settlement."

I am now dealing with Benign Fasciculation Syndrome (BFS) and I'm not really comfortable in my life everyday, especially dealing with Getty copyright trolls.

We'll, Philippines is very common in terms of piracy and copyright infringement. A lot of people here like me are taking images on Google not being aware on copyrights, and shared it on their blogs, Facebook, etc., but now I think it''s time for me to warn them. I also know that there are some Filipinos here who got Getty extortion letters too, but I don't know about their status right now. Until now, there are still many of them selling pirated CD's, DVD's, etc. (movies, music, games, etc.) in any place. I still won't attempt to email or pay them. I also think the possibility of taking action against me by this copyright trolls will be zero to very low chance...but could be rare.

If I earn around $1,000 a day at least, I could afford to pay them to stop bullying me. But now, I'm still a poor guy and trying to play the "waiting game" for this.

Btw, I am so glad that I found this forum. Thank you so much Matthew, Oscar and other contributors who shared their Getty experiences here. I could have ended up paying these copyright trolls without digging deep into this precious hole of yours. I've got to learn a lot from here.

I was thinking about sending this email to Getty Images License Compliance Team. Here's the draft below:

Hello!

I received your letter just now, and it's about case number 1193761. The date of these letters I received was on March 29, 2012 (Mail dated on April 12, 2012 but arrived in my doorstep last June 6, 2012) and May 25, 2012 (second letter, mail dated on June 6, 2012 but received on my doorstep last June 11, 2012). I am here to apologize on what I have done, because I really don't know that the image was already copyrighted by your company. I was also not aware and educated that images do have copyrights, which I thought that Google Images are free to use. It is a lesson that I have learned that not all images are really free, and I would like to thank you for letting me aware of this. I may also let other people aware of this too, so that they won't be having the same experience as I am. I have removed the image immediately from my blog and server after receiving your first letter.

I would like also to tell you that I cannot afford to pay the amount you settled which was supposed to be (P38,300 + P4,596 VAT = P42,896). I would like to propose generously a settlement of P10,000 only because me and my family have no company or business anymore, and our household income is very low. But I would be more happy if you have some heart left to reduce the proposed amount I settled. I can't even afford to hire a lawyer for this, because it will cost me too much rather than paying you for good. This is the only maximum amount I should propose to you, no more than that, and I won't pay until you agree with my proposed amount to be settled. I can pay you via credit card or check (depends on what's best for me). But you should promise me that once I paid the proposed settlement, you won't sue me anymore for copyright infringement. In exchange, I promise that I will not use your images for free (unless I will buy them). We're good then, and move on with our lives.

I would like to ask also the following from you as a proof before I can officially pay you:

1)  Verification of the image filed at the US copyright office
2)  How it is registered – single image or group
3)  Copy of signed contract, assignment or documentation transferring the copyright to Getty for exclusive rights to the image
4)  Sales history of the image including pricing.

This will be my first and last communication to you. I will be ignoring any communications from you in the future. Accept the deal or not?

I'll await for your response. Cheers!

Jeff

Sorry for copying the four things above (as this is just a draft), give credit to KeepFighting. Tell me if this is good enough for them. Or do I need some changes here? Let me know what's best for me now before I will click the "Send" button to them via email. I can't afford to hire a lawyer right now, and I can't even hire Oscar because I'm an overseas guy.

Cheers!

Jeff

[lucia]

Do they have any free legal services in the Philipines? You need to spend a few days doing research before you send that letter. For example, I can find this:

TERM OF MORAL RIGHTS. The rights of an author under this chapter (MORAL RIGHTS) shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the author's heirs, and in default of the heirs, the Director of the National Library. (SECTION 198.1)

I'm not sure what the means, but for all we know it's possible that in the Phillipines, "not be assignable or subject to license" may mean getty can't go after you for anything other than the actual damages! 

http://www.iprotect.ph/intellectual-property-code-copyright-08.htm

So, for now, you want to:
1) Find out how the images is registered.
2) Find out if how it's licensed.
3) Find out if anyone other than the author can sue you for "moral" rights.
4) Figure out where they would sue you. The US? The phillipines?

Out of curiosity, did the Getty letter get sent from the US? The Phillipines?  What claims does it make?

[lucia]

More phillipines stuff:

This seems to describe the potential penalties:
http://www.iprotect.ph/intellectual-property-code-copyright-09.htm

To an injunction restraining such infringement. The court may also order the defendant to desist from an infringement, among others, to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance of such goods.

All this seems to say is you can be required to stop using the copyright work.  You've probably already done that.

Pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty.

The first bit seems to indicate that your penalties will be based on actual damages and that the amount of those actual damages must be related to actual sales-- not the value the plaintiff (getty or the photographer) wishes he could sell for.

The last bit seems to say the court might apply a penalty they think "just". (I don't know about the Phillipines, but I find it difficult to believe they would consider it "just" to apply a huge fine for posting a picture of a dog in a blog post. You need to do some research to find out what happens in the Phillipines.)
"c" and "d" look irrelevant to you.

Such other terms and conditions, including the payment of moral and exemplary damages, which the court may deem proper, wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case. SECTION 216.1

You could be ordered to destroy the image file (you probably have.) YOu could be fined for "moral" damages-- but from the other bit, that might not be something getty can ask. (Of course, the photographer could join in the suit-- them maybe they could get that.)  Then it seems the court could fine you to make an example of you. To figure out if that's likely, you need to find out what has happened in Phillipino courts.

There is nothing here mentioning the pie-in-the sky numbers in US copyright statutes. 

[lucia]

hmmm I didn't read the penalties stuff:

http://www.iprotect.ph/intellectual-property-code-copyright-10.htm
Those do read draconian!   

[doggycase]

Do they have any free legal services in the Philipines? You need to spend a few days doing research before you send that letter. For example, I can find this:

TERM OF MORAL RIGHTS. The rights of an author under this chapter (MORAL RIGHTS) shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the author's heirs, and in default of the heirs, the Director of the National Library. (SECTION 198.1)

I'm not sure what the means, but for all we know it's possible that in the Phillipines, "not be assignable or subject to license" may mean getty can't go after you for anything other than the actual damages! 

http://www.iprotect.ph/intellectual-property-code-copyright-08.htm

So, for now, you want to:
1) Find out how the images is registered.
2) Find out if how it's licensed.
3) Find out if anyone other than the author can sue you for "moral" rights.
4) Figure out where they would sue you. The US? The phillipines?

Out of curiosity, did the Getty letter get sent from the US? The Phillipines?  What claims does it make?

The letter came from the US, not from my own country...and I'm not sure yet if there's a law firm that offers free legal advice to their clients, but I'll just have to check it out.  We'll, I think there are no such history here in the Philippines that a defendant has been taken to court for this..but could be very rare. It's common that all of the Filipinos here are very addicted in sharing content that was copyrighted (images, music, movies, etc.). Until now, I see Filipinos still sell pirated DVD's and CD's on sidewalks, and nothing can stop them doing this. But of course I'm against pirated DVD's and CD's, but not really aware that images are also being copyrighted.

I'm still going to wait for their third (could be their final letter) and future letters from the agency. As for the statute of limitations here in the Philippines, I'm not yet really sure how long it will be (depends on what kind of case am I facing).

I am also contacting three other Filipinos here in this forum, who also received the Getty love letter as I want to keep in touch with their experiences and updates.