Help, got the Getty letter today

[dainternetguru]

Hey all. I got the dreaded Getty letter today. That was the first I've heard of all this stuff. But I've spent the last 4 hours searching, surfing, and reading to get information on how I should handle this.

According to them, I am infringing on one photo, about the size of a postage stamp. That photo has been on my site for 7 years now without problem (looking at archive.org). Although I don't know exactly where I got the image from, I know it wasn't off Getty's site. If I had known it cost money I would have not used it.

The demand letter for that one infringement is $600 CDN. I am in Canada. The return address for Getty is in Canada, but the payment address is in Seattle.

I have no problem taking the image down, it really doesn't add anything to the article. I don't like the idea of paying $600 because they feel I'm guilty until proven innocent. And I don't like how they didn't provide any proof that they own it other than it's on their site now in 2011. How do I know that Getty was or was not the copyright owner back in 2003 when I posted it? And legally does that change anything?

Honestly the money isn't a big deal, I make that in a day. I am left wondering....:
1) Should I just pay the $600 and consider it a lesson learned? Or...
2) Just take the image down and ignore the rest of the letter? Or...
3) Take the image down and write a letter asking for clarification on how they arrived at $600?

It's clear that if I phone them or contact them back they will in all likelihood harass or call me. Right now all they have is my postal address (PO box) and I plan on keeping it that way. Any correspondence will be by postal mail (registered).

Honestly I'm leaning toward paying the amount and then getting a good nights' rest. I had a collection company after me one time for a charge that was bogus and I hated that. Compared to the $1,000+ that others have been "billed" by this Getty company, I think it's a bit of a deal.

Also, in the back of my mind I'm thinking that if I ignore the first letter (but take down the image), even if they send a second letter it may be a slightly lower dollar amount and I could just settle then.

Thoughts.... comments? I'm tired of this crap already and it's only been a half a day....

[cherieoo1]

I'm dealing right now.  Not sure what to do.

Most of the site say not to settle for they will show up with more demands.

Don't know if that could happen to you. There are several letter ideas on this site

Most of is were innocent.  We didnt know there was a copyright problem.  My grafics
were legitimate acquired.  I would have never allowed them to be used either.

They did send me an email with a lower amt.  It is still too much for nothing.

Good luck

[Oscar Michelen]

There's lots of info on this site about what to do and what can be done.  If they are down to $600 maybe you can get them to settle for $200.  We also have info on why they can't "put you into collection." Even if you are going to choose to ignore it which is something some folks with one image cases decide to do, make an offer in an email for at least $150 or so. That way if they do take you to court  you can show judge you tried to resolve it.

[Melg04]

I just gt my letter today!

What did you do?  I am also in Canada

[JPicker]

Given how despicable these intimidating, extortionist shysters are, on principle alone - not to mention the great help and assistance provided here on this forum by both the administrator and Oscar -  I would rather give Oscar $150 to represent me and write them a letter or 2 on my behalf than begrudge them a dime. Just my $0.02

[Oscar Michelen]

Melg 04 We can respond for you  email me at xxx