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Author Topic: got the letter  (Read 3954 times)

lettergettertoo

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got the letter
« on: October 04, 2008, 07:01:56 PM »
Glad I found this site!  Thanks for putting this up.

I got the letter.  We had a website designed by Indians who assured us there were no copyright violations.  I doubt I would be able to find the developers ... and even if I did Im not sure they would/could do anything.  I took the image down (along with all other images on my website) just to be cautious (how do I know they really own the picture?)

Its was a small picture that I never would have used if I would have had to pay more than a few bucks for it. They are asking for over $1000.

The letter arrived late (the pay now for discount date has already passed)

Some initial thoughts/questions:

1) what is the downside of ignoring the letter?

2) Is there anything Getty can be counter-sued for?

3) would a company be breaking any laws if they made it easy (either purposefully or through negligence) for unscrupulous people to steal their images to sell ... then scour the internet demanding damage settlements?

It is amazing to me that a company this size is behaving this way.  I would think this campaign would result in a net loss for them (lost business, tarnished reputation, etc).  Are they just trying to cash in before going bust or something?

Oscar Michelen

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Re: got the letter
« Reply #1 on: October 07, 2008, 01:35:54 AM »
Dear Lettergettertoo:

Welcome to the club and thank you for posting.  Let me answer your questions in order. I have been away so I am sorry it took me so long to get to a response to you.
) what is the downside of ignoring the letter?

Continued contact from Getty and then their "collection agency" NCS Recovery is the main risk right now.  Getty has not sued anyone under this program which they have been operating since 2006.   Our $150 letter program gets a response to Getty on record and forces them to take a position. I believe our footing is legally sound and that we are being reasonable in our approach.

2) Is there anything Getty can be counter-sued for?

We are currently looking at a potential class-action RICO lawsuit against Getty based on certain things we've uncovered in the course of our representation of scores of businesses.  I do not want to discuss that possibility any further on this site. We'll keep you posted

3) would a company be breaking any laws if they made it easy (either purposefully or through negligence) for unscrupulous people to steal their images to sell ... then scour the internet demanding damage settlements?

This is a little too conspiratorial even for me. I think PicScout developed this program, Getty is taking advantage of it and has determined a price point that is high enough to be a home run for them (and then some ) when people pay but which is low enough that most folks would not be able to find a lawyer to fight the case for less than it would cost to settle.

It is amazing to me that a company this size is behaving this way. I would think this campaign would result in a net loss for them (lost business, tarnished reputation, etc). Are they just trying to cash in before going bust or something?


There are a number of theories out there about why they are doing this.  I think it is a major revenue stream for them.  They have been on the sale block for some time and this activity shows that they can make money through enforcement of their copyright. Think about it. To date we have been retained by about 30 companies or so.  That's a drop in the bucket. If hundreds of businesses are paying between $500 and $1,000 an image think of the money Getty is generating.  Recently, I met a lighting  designer who was so angry when he read our site because he paid Getty $31,000.00 for about 40 images! You don't need to look any further for Getty's motivation.

 

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