ExtortionLetterInfo Forums

ELI Forums => Getty Images Letter Forum => Topic started by: davep42 on November 18, 2008, 07:59:05 AM

Title: if it goes to court...
Post by: davep42 on November 18, 2008, 07:59:05 AM

Oscar,

First another great big thank you for attending to the questions on this website.

My question.  I live in the US and knowing that their demand would probably never go to court, but if it did - and I lost - could I be liable for other costs beyond the amount of the amount they are asking for the picture (like their court costs)?  Their demand letter seems to imply this and I just wanted to know the total potential "theoretical" risks of ignoring their demand and calls.  

My situation: I've got one $1,200 demand on an image I believe is not infringing but I cannot locate the subcontractor that used the picture 6 years ago.  Took down the picture right away, etc. etc.

Thanks

Dave

Title: Re: if it goes to court...
Post by: Oscar Michelen on November 18, 2008, 03:57:45 PM

Since the images are not registered with the US copyright office Getty is not entitled to anything other than their actual damages.  Every court in the nation has held that "actual damages" DO NOT include legal fees and other expenses.