I got a letter, but dont technically own the website

[kmustafa]

I got the Getty letter but have a somewhat different situation...
i own a one-person LLC, and my sole job is to receive mail on behalf of some businesses, and fax them their mail, deposit checks that come, etc. Basically my address is like a shared business address, and I'm like a cyber secretary, they tout me as their "california presence" , which is technically correct because I receive their mail. One of my clients is a small company based in the Philippines. They have a website, and of course the business address listed on that website is my address (although their real and physical address is in Asia) So, now Getty Images thinks I am this company, and is sending me their demand letter. What should I do?  I asked the Philippine company and they said that the images used were free from istockphoto.com seven years ago. They also said I can give Getty their mailing address and information, which I did, via an email to Getty. Getty just said its not their problem, and since my address is the registered business address, then too bad, I have to pay the $7,000, and Its my problem to collect it from my client. This doesnt seem right, it is like a case of mistaken identity.

Who should be getting Getty's letter? The person whose address is on the website, but has no business relation whatsoever except to receive mail? Or the person who the website actually benefits?

 Its like an architect trying to sue the broker of a house for sale, for design infringement, instead of the actual owner of the house

[Matthew Chan]

In my view based on what you stated, you definitely have a strong argument but Getty's folks are being reckless and irresponsible. This is what happens when you have unempowered college kids staffing their "compliance department". Either they have no authority or they are too dumb to know the difference. You are guilty until proven innocent which is preposterous.  

Either way, it is wrong. However, you did not say who's name is listed as the owner of the domain.  If it is the name if your LLC, it is harder to argue that you don't own the website.  If the domain name lists the Phillipine company, then they don't really have a case to go after you.

Matthew

[Robert Krausankas (BuddhaPi)]

I agree with Matthew, doesn't much matter who owns the company, but rather who owns the domain, if you own the domain you own the site ( at least in Getty's eyes) I currently host well over 300 doomains and many of those we registered by me on behalf of my clients. I have since changed all of the domains to reflect that the adminsitrative contact listed is that of my clients, thus making them the "owner" of the domain, while I keep my info listed as the technical contact.

[Matthew Chan]

Buddhapi,

I have taken this further.  Larger companies do not use individual names for their domain contacts, they use position or job titles.  For example, I use "Operations Manager", "Technical Manager" or whatever generic title will work. No need to expose your name anymore than necessary. On a different front, there are domain mining companies try to steal domains from you. It is a dead giveaway when I receive those mails because they don't refer me by name. They simple call send a letter to "Operations Manager" which is obviously tacky for any business correspondence.

Matthew