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Author Topic: I am confused- respond or not  (Read 4958 times)

blackcat831

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I am confused- respond or not
« on: May 18, 2017, 01:07:39 PM »
Hello,
I just received an extortion email today from Getty images and found this forum! I have a medical website with a blog. All of my images are from fotolia except apparently one which I believe was downloaded from the internet by my previous front desk staffer who is no longer with me. The blog was from november 2016. I have read many of the posts here and watched the videos and it is unclear to me what to do first.
I did remove the image and made sure that all the other images were from Fotolia. I searched for the image on Getty and they ask 350 for a 2 year editorial license for this image. In the email they sent, they use the same language but ask me to contact them to find out how much I owe them I guess. They do not ask fro a specific amount in this email.
So, do I ignore their request and wait for it to escalate, as some people have.
Or do I call them or email them to find out how much they want from me, or do I offer right off the bat to pay them the license fee?
I have no problem doing the paid phone call to Michael Chan or the defense letter program too. I don't have time to write a million letters, I wear too many hats as it is. I am more than happy to pay professionals for their valuable time to help me with this, as the stress of it hanging over my head is much more damaging.
Thank you!!!


Jerry Witt (mcfilms)

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Re: I am confused- respond or not
« Reply #1 on: May 18, 2017, 02:11:17 PM »
It sounds like you are their ideal target victim. Sure, call them up or email them, ask them how much and pay them, Boom! You're done. My guess is that they will quote you between $700 and $800 because, remember they had to hunt you down and contact you. That takes time. They might even see if they can tap you for $1200.

On the plus side, you wont have to deal with writing letters, and the slim chance that they will file suit. On the minus side, you'll have to deal with the knowledge that you got fleeced for several hundred dollars.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

kingkendall

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Re: I am confused- respond or not
« Reply #2 on: May 18, 2017, 02:40:17 PM »
@blackcat831

Print up the email, stick it in a manilla folder, and go on living your life.  You need to stop being so willing to pay somebody. 

blackcat831

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Re: I am confused- respond or not
« Reply #3 on: May 18, 2017, 03:34:42 PM »
Hi,
Wow, you guys really didn't get my post. I was asking for advice not  sarcastic remarks. Maybe you just thought you were being funny. I was clarifying whether I should ignore the email from Getty. I guess that is what I can glean from your responses. I assume that if I do that, then they may follow up with specific monetary requests.
I was just confused because other posters said that they were told off the bat what Getty wanted monetarily, and I did read letters that people wrote to Getty apologizing for accidentally using an image and then offering a lesser amount than what Getty requested.
In regards to my comments about paying someone to help me, what I mean is that I respect that the lawyers who started this forum need to be compensated for the work they do, that's all. And if I needed more help, I would turn to them. I do run a small medical practice myself and work long hours both in and out of the office, so I am just trying to find the most expeditious way through this.
 I don't need a lecture about not "being so willing to pay someone" and "being an ideal target victim" . Why don't you boys- @kingkendall and @Jerry Witt, try being less obnoxious and more helpful in the future.

Greg Troy (KeepFighting)

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Re: I am confused- respond or not
« Reply #4 on: May 18, 2017, 04:20:20 PM »
Without knowing what the image is (photo of a scalpel or an image of a DR. etc) I can only give limited and general opinions.  I would say to just ignore them.  Getty RARELY files suit over a single image, it's just not worth the cost.  As Jerry said they will probably ask for between 700-1200 bucks which is just under what it costs to go to most lawyers, which is why they price it that way.  They are hoping you will figure it is easier to just pay them than to pay a lawyer too.

There is lots of good info here on the forums, your choices are to ignore, negotiate or fight.  Lots of info on all choices.  I would read up and educate yourself on the process and what you can expect for the option you want to go with and ask questions on anything you don't understand.  The more detailed information you can give us the more detailed opinion we can give. Example, was the email from Getty, LCS or a lawyer and if so which one, what is the image of?  An image of a person requires a model release and will be worth more than an image of some gauze in case you or going with the negotiate option. 

If you just say my car is broke what should I do you may get answers like Then fix it, if you say my car won't start and it clicks when I turn the ignition you will get answers like Oh, sounds like it might be your battery, try this...

Hope this helps,

Greg
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

kingkendall

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Re: I am confused- respond or not
« Reply #5 on: May 18, 2017, 05:01:20 PM »
@blackcat831

I didn't see Jerry Witt's comments while I was writing mine.  Although I thought his comments were on point.  You may not like it but I thought it was an honest assessment.  Getty images and other copyright trolls take advantage of people's fear and ignorance to make phat money.  This forum is a resouce for people to get educated and empowered.  My comment to you was to keep a record of the email, which is not ignoring it, and move on with your life.  In other words don't let them scare you into paying up cash.  It serves no purpose to sugarcoat you.  Embrace what Jerry wrote.  He did you a big favor by being so blunt.  The name of the website is extortion letter info, right?  Bluntness is necesaary epecially when copyright trolls are lookin to fleece people. 

Jerry Witt (mcfilms)

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Re: I am confused- respond or not
« Reply #6 on: May 18, 2017, 08:23:25 PM »
@blackcat831 -- You wrote:
I have no problem doing the paid phone call to Michael Chan or the defense letter program too. I don't have time to write a million letters, I wear too many hats as it is. I am more than happy to pay professionals for their valuable time to help me with this, as the stress of it hanging over my head is much more damaging.

First of all, so you know, it's Matthew Chan.

Second, I took the subtext of your post to say, "Look, I'm to busy for this sh#t, just tell me what's going to fix it." Sorry, but it's not that easy. There are many paths you can take when dealing with this. One is to simply pay the man. Sorry if that seems brusque.

I post on here because I feel the "business model" of Getty Images is dishonest and I'd like to help see their con stopped. But when someone seems to be too busy to read the posts and get up to speed on the nature of the scam, I guess I get short.

I would HIGHLY suggest you set up a phone call with Matthew. He'll figure out the details of your case, talk you down from making a rash decision, and probably save you hundreds of dollars.

Good Luck!
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Matthew Chan

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Re: I am confused- respond or not
« Reply #7 on: May 19, 2017, 05:51:39 AM »
Not a full substitute for reading but my ELI Support Calls are quick, direct, and gets to the heart of the issues and I separate fact from fiction. A lot gets covered in 30-minutes of discussions.

After an ELI Support Call, my clients get a huge jump start on the matter and some back end support after the call.

First of all, so you know, it's Matthew Chan.

Second, I took the subtext of your post to say, "Look, I'm to busy for this sh#t, just tell me what's going to fix it." Sorry, but it's not that easy. There are many paths you can take when dealing with this. One is to simply pay the man. Sorry if that seems brusque.

I post on here because I feel the "business model" of Getty Images is dishonest and I'd like to help see their con stopped. But when someone seems to be too busy to read the posts and get up to speed on the nature of the scam, I guess I get short.

I would HIGHLY suggest you set up a phone call with Matthew. He'll figure out the details of your case, talk you down from making a rash decision, and probably save you hundreds of dollars.

Good Luck!
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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