On Aug 23, 2012 we got a letter from GettyImages stating that we were guilty of copyright infringement and owed them $800. (The image in question was a little thumbnail that our webmaster had obtained for free from some image directory, downloaded in good faith, and had cropped to an even smaller size.) We immediately took the image down just to be safe. We corresponded with GI via a few emails, one phone call, and two letters. Our last correspondence to them was a letter dated Nov 1, 2012. In that letter we: 1) demanded proof of their ownership of the image; 2) informed them that, since there had not been a judgement or legitimate bill, they could not turn us over to a collection agency; 3) and, notified them that if they submitted valid proof of copyright ownership to us, we would be willing to settle for $25, which was the going rate for an image of this size. GI never responded to that letter.
Never heard from them again for 9 months, until now. This time a letter dated Aug 2, 2013 from the legal firm of Timothy B. McCormack. The letter informed us that we were guilty of copyright infringement, that GI did not have to submit proof of ownership of the image to us, and the amount of $1,400 was demanded in order to “end the matter immediately”. The letter also stated that damages could be up to $350,000 per image, as well as recovery of all attorney fees and costs.
We don’t intend to pay one penny to GI because we did not do anything wrong, and because this is just extortion. Everyone knows that GI is morally bankrupt and are just fishing for money.
Apparently the statute of limitations is 3 years on this so we are almost at one down and two more to go.
What has proven to be the workable approach to this attorney letter? Ignore it? Or respond with specific points?
Never heard from them again for 9 months, until now. This time a letter dated Aug 2, 2013 from the legal firm of Timothy B. McCormack. The letter informed us that we were guilty of copyright infringement, that GI did not have to submit proof of ownership of the image to us, and the amount of $1,400 was demanded in order to “end the matter immediately”. The letter also stated that damages could be up to $350,000 per image, as well as recovery of all attorney fees and costs.
We don’t intend to pay one penny to GI because we did not do anything wrong, and because this is just extortion. Everyone knows that GI is morally bankrupt and are just fishing for money.
Apparently the statute of limitations is 3 years on this so we are almost at one down and two more to go.
What has proven to be the workable approach to this attorney letter? Ignore it? Or respond with specific points?