Hi!
Glad you guys are here to provide so much info for those of us who are being pursued by Getty. First I got the demand letter with the screenshot, etc ... photographer's name and the stock number in Getty's library of images.
I was told to pay $965.00 to settle now. I replied after researching how and where I obtained the image in question. The image was actually part of a website template I had downloaded back in 2005. I cannot recall if it was a free template or if I purchased it. I purchase everything ... so I am guessing I purchased it. The original zip file was on a hard drive that has since crashed. I actually have the MyBook crashed hard drive on my desk shelf, and I look at it periodically wondering what goodies it holds.
I replied to the email address provided in the letter explaining my situation. I told them when I had obtained the image (2005), and I that am indeed unsure as to whether I have a license to use it that I can provide in a flash - as it may have been lost or on the crashed HD. I found a screenshot of the template with the image in question on the template screenshot in a file folder of old websites though. The properties inspection suggest I got the image in 2005.
The image Getty found on my site was a greatly reduced version - about 1 in height and 4 inches wide, and it was placed BEHIND another image - that was actually obscuring 50+% of it. I had a semi-transparent layer on top of the image in question covering it with a word like OHHELP. So image this obscured image behind the image overlay or the word, and peeking through the O H H E L P on top. The letters were a very heavy font, and very little image peeked through. (Wondering how they found it in first place)
In response I provided the law that any judgment can be reduced to not less that $200.00 when using an image that was unknown to not have a license, and suggested I pay them $200.00 now to just get through the red tape. Otherwise, I am considering bankruptcy - as I am making no money here. I also told them I was using it not knowing I was in any violation. I told them a license 'could still turn up' if I get the data off that hard drive. I sent them a screen shot of the template where I obtained the image.
They replied that they now want $820.00 after careful considerations.
I am on the fence here. I could send the letters the site suggests, and stop any collections, or just file bankruptcy - this business has no assets. Then start a new business for $135.00.
Or, I am thinking about also providing a response that says 'I believe I may have a license on the crashed hard drive. If you sue me I will have it data mined and we all see.'
In any case, after reading these forums, I see no stories from start to finish .... from "I got the letter," to "I responded this way," to "and this is what happened." It just seems everyone posts on the initial fright of it all, then they don't follow up on their case and results. Or am I missing some cases here that I have not found yet?
If no one is getting sued for 1 image ... I believe I will just send the "stop trying to get money from me letters ...." and see what happens .... Or try to get them to reduce the penalty again .... stating my case of image obscurity (they claimed it added to the aesthetics of my site - when it was actually not entirely visible), and that I may have a license on that old drive.
* ... shrugs ...
Topic: Here we go! Got my letter! (Read 13422 times)