Got my letter need advice

[GEOR]

hi
got letter yesterday or monday on images I got from reseller product. They actually were resell rights to dvd's but was also given permission for use of web site copy and pics. They said 2 of the pics were theirs and are charging me 875.00 for total of 1750.00 I did call asking what this was about ,that I bought rights and given permission to use the pictures from someone else....and that pics were removed. They said tell them to send you their license for pgotos...I did contact them and they are looking into it ...called them back to inform them of situation and that again pics were down ...but the 14 days would need to be extended for payment....they noted all ....then I found this site and other forums.
I don't know what to do now...as I cannot pay this amount...still awaiting to hear from 3rd party ...but they probably did not have rights to pass on to me or do not have licemsense..(my hunch) ..where do I go from here?
GP

[Robert Krausankas (BuddhaPi)]

I also got tangled up with this thru a third party, and have the license, Getty claimed "anybody could have created this license" naturally the 3rd party in question has long since gone away, these were images/templates that were purchased over 10 years ago, so i have no invoice either. Long story short Getty would not relent, but would only agree to lowering the "invoice amount"...Hence I hired Mr. M, money well spent, as I have not heard a thing and no news is good news in my opionion..

[GEOR]

boy oh boy...anybody could create a licsense? really? how? lol
 I too have consulted him just in case the third party doesn't come thru but they are deligently working on it as they are reputable..my hunch though is that they hired someone to create site and their may be a forth party involved so looks like Mr M is in the picture if my hunches are right.

[Lettered]

Funny.  Of course they didn't mention that "anyone" could also send you a bill for photos on your website claiming to be the owner.  

buddhapi Wrote:
-------------------------------------------------------
> I also got tangled up with this thru a third
> party, and have the license, Getty claimed
> "anybody could have created this license"
> naturally the 3rd party in question has long since
> gone away, these were images/templates that were
> purchased over 10 years ago, so i have no invoice
> either. Long story short Getty would not relent,
> but would only agree to lowering the "invoice
> amount"...Hence I hired Mr. M, money well spent,
> as I have not heard a thing and no news is good
> news in my opionion..

[marcus]

I got a letter from Getty several years ago.  I had someone create a website, and they apparently used google images to find some photos.  In one image alone, it was comprised of apparently 3 small(maybe 2 inches) copyrighted images.  They were asking for a ridiculous amount of money.  Over the next 2 years, I got maybe 5 follow up letters and several calls too.  I honestly did not do anything to reply.

It's been quite awhile since I've heard anything since...well over a year.  Again, this is just my situation though.  I didn't know about this website or the services of Oscar at the time the letters and calls were received.

[Oscar Michelen]

As you can see from the numerous posts and discussions on this issue, there are several paths you can take in responding to this. If you have only a few images involved, the likelihood of being sued is minimal. My letter program assures that they can no longer contact you directly because once you are represented by counsel they have to go through counsel.

[mellow6]

Dear OM

I am based in UK and got a settlement demand letter for almost £2K for 2 images for my business website. I never received a cease and desist letter either. I have read that getty have been lying about sending c+d letters and are arguing that they did in fact send them when they didn't.

I am a sole trader and business has been really bad so to contemplate paying this to getty images is quite painful. I am even considering closing down my business because of the stress of this horrible situation.

I never knew anything about website design and all the technicalities involved so I relied on the expertise of my webdesigner to deal with the situation. I've read that once payment is made to getty there is nothing to stop them asking for more money for other images even if they are no longer on the website. As soon as I received the letter I asked the webdesigner friend to do the needful and remove the images. The entire website was removed shortly.

Do you have some sort of guidance you can give me without the need to go to an IP lawyer who will charge about £200 per hour and in the end just say pay it and be done with it. I have read alot of posts and some friends are also telling me not to give in to the scam. What should I do? I have been told not to do anything until I receive a summons for that would indicate if getty were serious. If I contact some say I would just be drawing their attention to me. I have only heard of one case in UK being taken to court by gy over £1,900 but it was not in the County court but in the High Court. The defendant agreed to settle out of court and the costs agreed to be paid as part of the settlement were in the region of £20K. Do getty only go for big companies where they think they will actually have a chance of getting the money or is anyone aware of any court case in UK about this? Alot of people are talking about class action class action but no one is actually doing anything about it! Can someone take the reins and compile some sort of a list of people both in UK and in USA to start this class action?

If the business is closed down what do getty do? Do they carry on searching for the owner of the business?

How long after the first letter is the second letter usually sent out?

Jokes aside, if the debt collectors come round what should we say?

Has anyone got any of their own stories to tell from start to finish which may throw some light on how getty deal with the situation?

I feel like I am being bullied when I innocently had the images on my website. In UK a Letter Before Action must always be served before action is taken. I do not believe that a settlement demand letter is a letter before action because it is not asking us to stop using the images (which, by the way I did not even know were not allowed to be used).

Are there any people based in UK who have been on the receiving end of these getty letters? Please let us know what happened and over what period as this would help us deal with the situation. It's fear of the unknown that is so frustrating.

Has anyone actually been taken to court by getty in UK? Has anyone been asked not to discuss their case by getty if they have settled with them? I have not seen anyone writing about having been taken to court? why?

OM please can you also comment here.

Thanks

[Oscar Michelen]

I wish I could help you but I am not a lawyer in the UK and not familiar with Getty's practices there.  I think they are somewhat similar to their US practice in that they rarely sue.  Also the UK copyright act says as follows:

97 Provisions as to damages in infringement action.

(1)Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.

Since Getty does not watermark its images, it would be nearly impossible for them to disprove a claim of innocent infringement as digital images are not obviously copyright protected without a watermark

[mellow6]

Dear OM,  In return for a fee would it be possible to let me have a draft of your letter so that I can tailor it to my situation? It just feels so barren the lack of help here in UK. I read that you offered this to some Australian person. Did he use it to send to them?  Thanks

[SoylentGreen]

To 'work', the letter would have to be sent from a lawyer/attorney in your state/province or district.  

The letter works in that it requires that your adversary send any further threats, phone calls, etc. to your attorney's office and not to your home or work.  So, you can rest a little easier.  If your adversary is not really 'serious' about pursuing you, they'll give up because their simple threats won't reach you.

The letter wouldn't circumvent your adversary if they did actually decide to litigate, however.

Oscar, better 'copyright' that letter of yours!!!

(just kidding)

S.

[mellow6]

I agree but in UK there is hardly anyone willing to do what OM is doing. I wish we had our an OM here in UK!  In the absenc of OM here I thought if I get another letter I'd send it to them. I would pay OM for it - I would not just steal it! I never had an intention to steal any of the 2 images they are claiming for. I relied on the expertise of my webdesigner who has conveniently gone awol and left the mess at my door. I am an innocent infringer so I guess if they came for me I'd refer to the wording of S97 in the defence part of the summons. One other thing - one of the two images they are claiming for was actually removed several months before I got their first letter! Why didn't they tell me about this then? Why have they not served me with a cease and desist letter before asking for a settlement? Have read that contacting them is pointless and they would eventually make you cave in or panic. Should I acknowledge receipt of their second letter when I get it? If I ignore it would one say I was being flagrant even though images and the website are down?

[SoylentGreen]

Hi Friend,

I'm sure that all of this is really distressing!!  But, don't panic.

Please take heart that your case is surely not the worst out there.  Many people have been accused of using much more than just two images.

Getty (and some other companies) are just trying to make money this way.  That is why they didn't send you a "cease and desist" letter first. They also tend to mislead people into thinking that there's no option other than to cave in and pay. You may have other options.  Remember, knowledge is power.

To ease your mind, check in the nearest city to you for Intellectual Property (IP) lawyers/attorneys.  Also, check under "copyright" lawyers. Arrange to meet one; the first consultation is often free.  You can ask some questions to gain a foothold as to what your rights really are. If this infringement is the fault of your web designer, then S97 should offer some comfort.  What would getty have to gain by taking you to court? Also, ask about whether or not you should respond to that second letter.

I'm not sure about UK law, and I'm not an attorney. However, in many places it is customary that once contacted by your attorney, the other party (getty) would have to deal with your attorney and not you directly.  This would serve much the same purpose as Oscar's letter.

Good luck,

S.