Have I Screwed Myself

[MPTPGR]

So I'm 26, I put an image on my blog from what was supposed to be a free website, a year ago, got a letter from Getty about 8 months ago.  I have no money, I have no job, I have littler credit, I live at home with my cancer ridden father, and I subsist on 400 dollars a month (180 of which goes to debt obligations already).  I called them initially and tried to talk to them and said if there was a way to get the money I would and asked for a payment plan, they told me to call them back when I had the money.  I never got the money, so I never called back.

I got a letter from McCormack, now instead of 800 they want 1600 dollars.  I wrote an email explaining my current circumstances and again that if a payment plan could be struck I would be willing to pay.

Look, I'm an artist, I believe in copyrights, and the such, I have no problem paying a debt that is owed.  The fact is that I just don't have the money to pay them.  I have about 50 dollars a month that is used for entertainment, the rest is used for gas to take my dad to the hospital and back home, foods, teas, and other things he needs for his diet. 

So, I now read that I should've just ignored it.  Has my not ignoring the letters damned me and I'm screwed now?

What should I do?

I want to do the right thing, I don't want to burden anyone with undue stress.

[Greg Troy (KeepFighting)]

I would let them know that you were in compliance with what the CEO of Getty Jonathan Klein said could be done with the image in this TechCrunch interview.



Also I would demand that Getty/McCormack show you proof that they have the right to collect on behalf of the artist.

Lastly I would tell Getty an McCormack if they do not provide proof of claim and contact you again you will file complaints with the Attorney General's office of Washington State on them both.

http://gettyimagesmustchange.com/site/filing-complaints-against-getty-images-and-mccormack-ip-law/

[stinger]

What Greg said is absolutely dead on.

Also, be careful with your terminology.  Nothing I read indicates that you have incurred a debt.  Until such time as Getty or McCormack IP Law proves to you that they have the legal standing to collect on this image, all they have is a claim, and a weak one at that.

The worst that can happen - and it is unlikely - is that they take you to court and win, because maybe you don't even show up or decide to represent yourself.  What will they get, the expense of suing you and a judgement they will never collect because no one can make you give them money you don't have.

They sue far less than 1% of the people they threaten.  They are not stupid - though some on this board might argue that.  Why would they choose to sue you?

Their game is to hope that their threats will get your conscience to make you want to beg, borrow, and steal to pay them.  Keep reading the forum.  Their is lots of meaty information here to help you understand them.  Doing so, will help you live without fear of them or their tactics.