ExtortionLetterInfo Forums

ELI Forums => Getty Images Letter Forum => Topic started by: ursus on February 06, 2012, 06:20:41 PM

Title: Image on Getty is no longer available
Post by: ursus on February 06, 2012, 06:20:41 PM
I recently received a letter accusing us of Unlawful Use of a Getty Image.  I tried to search for the image on Getty but got the following message:

We're sorry. Item 200144575-003 is no longer available.

Does this mean anything important? I wanted to look at the image they were accusing us of infringing but it seems they no longer have a relationship with them.

thanks
Title: Re: Image on Getty is no longer available
Post by: Matthew Chan on February 06, 2012, 06:31:40 PM
That is mighty convenient. It appears they have gotten wise that letter recipients go back to the many Getty site to verify the image terms and pricing and comparing it to the amount being extorted.

I would most certainly make note of this interesting coincidence.

I recently received a letter accusing us of Unlawful Use of a Getty Image.  I tried to search for the image on Getty but got the following message:

We're sorry. Item 200144575-003 is no longer available.

Does this mean anything important? I wanted to look at the image they were accusing us of infringing but it seems they no longer have a relationship with them.
Title: Re: Image on Getty is no longer available
Post by: ursus on February 06, 2012, 06:48:18 PM
So it doesnt mean they no longer represent the photographer for this image? They are totally removing it just for the sake of a demand letter?

thanks!
Title: Re: Image on Getty is no longer available
Post by: Peeved on February 06, 2012, 06:59:57 PM
So it doesnt mean they no longer represent the photographer for this image? They are totally removing it just for the sake of a demand letter?

thanks!

I do not believe that it is no longer present due to an "infringement" case. I do however question that perhaps Getty is no longer representing that particular artist or photographer.
Title: Re: Image on Getty is no longer available
Post by: Jerry Witt (mcfilms) on February 06, 2012, 07:01:15 PM
Is it by any chance the fourth from the last image on this page?

http://fotobank.ru/creative/2404.html?page=573

If so, someone else claims to represent it. (They might just be a Getty broker. But you can still inquire what they would charge to license it for a year or two.)
Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on February 06, 2012, 07:04:28 PM
So it doesnt mean they no longer represent the photographer for this image? They are totally removing it just for the sake of a demand letter?

thanks!

I do not believe that it is no longer present due to an "infringement" case. I do however question that perhaps Getty is no longer representing that particular artist or photographer.

I concur with Ms Peeved, tho we have seen in the past how some images all of a sudden jump in price after a demand letter has been sent..
Title: Re: Image on Getty is no longer available
Post by: ursus on February 06, 2012, 07:05:36 PM
yes thats it! what language is this? greek? russian?
Title: Re: Image on Getty is no longer available
Post by: lucia on February 06, 2012, 07:07:25 PM
I'd be cautious about thinking they are not showing images merely because they sent a letter. The image they wrote me about is still listed.   There are many possibilities. Some I can think of:

1) If it's rights managed, someone might have purchased a license to display and that customer wants to be the only one with the right to use it during the licensing period. Companies do that.

2) The photographer may have severed their relationship with Getty for whatever reason.

Be sure to look for your image at google. Look on photoshelter. Google the photographers name and see if they have their own site. Etc.   What you find may provide information to guess whether (1) or (2) are more likely. Or maybe it's something else entirely.
Title: Re: Image on Getty is no longer available
Post by: Jerry Witt (mcfilms) on February 06, 2012, 07:07:59 PM
If I'm right about the image, you could always contact the author of this book and ask what she paid. I bet it wasn't in the hundreds.

http://www.amazon.com/More-Than-Friends-Tracy-Culleton/dp/1842232002
Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on February 06, 2012, 07:11:56 PM
If I'm right about the image, you could always contact the author of this book and ask what she paid. I bet it wasn't in the hundreds.

http://www.amazon.com/More-Than-Friends-Tracy-Culleton/dp/1842232002

DAMN MC!! thats a great find, you're out sleuthing me. :o
Title: Re: Image on Getty is no longer available
Post by: Jerry Witt (mcfilms) on February 06, 2012, 07:13:56 PM
haha Thanks. Now I gotta go back to work. But to the O.P.:

That is a Russian site. So you have three places to get a price quote from: GI, fotobank.ru and that author.

Keep in mind the stock companies monitor this site. So you should probably get on this. I have a screenshot of the Russian site if you need it. I'm curious about how much are they trying to jab you for. But I understand if you don't want to post it here.
Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on February 06, 2012, 07:25:22 PM
The artist Deborah Jaffe has a very hefty client list, which makes me wonder why she do do any business with a stock photo site, unless she only does RM images which are more costly..

http://www.deborahjaffe.com
Title: Re: Image on Getty is no longer available
Post by: ursus on February 06, 2012, 08:26:21 PM
wow..thanks for all the help..
Title: Re: Image on Getty is no longer available
Post by: ursus on March 12, 2012, 04:47:01 PM
Update.  After trading correspondence with the original photographer, discovered she terminated her relationship with Getty.  Not sure of the timing (whether is was before the supposed violation) but its clear she no longer works with Getty and they no longer manage images for her.  She seems pretty dissatisfied with Getty overall and she said Getty doesnt even know which images they managed for her.

Getty just sent me a letter reducing the settlement amount by 20% (~$155). Should i counter offer a low amount mentioning the above? Or should i dispute their authority for the supposed image violation?

any thoughts? thanks!
Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on March 12, 2012, 05:43:38 PM
I would find out when the artist cut ties with Getty ( get this in an email for your records), if was before the date of your letter, i would not offer them anything, and i would bring it to their attention that they have no rights to try to collect on an image they do not manage or have rights to.
Title: Re: Image on Getty is no longer available
Post by: SoylentGreen on March 12, 2012, 06:05:06 PM
Guys, is the image now gone from the Russian page that MC referenced?

S.G.

Title: Re: Image on Getty is no longer available
Post by: ursus on March 12, 2012, 06:14:09 PM
thanks..What if its after the date of the letter? Or the relationship between the photographer and Getty is so f'ed up that she/getty cannot tell when the exact date was?

Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on March 12, 2012, 06:32:24 PM
Don't know, but I'd be willing to bet that Getty won't give the artist any of the money they may collect...
Title: Re: Image on Getty is no longer available
Post by: SoylentGreen on March 12, 2012, 06:54:40 PM
the image is gone from the russian page, I think...
...that was fast..!
 
S.G.

Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on March 12, 2012, 07:12:06 PM
Lesson learned, if ever an image is available elsewhere, get a screen capture, just in case! Whats good for the goose is good for the gander!
Title: Re: Image on Getty is no longer available
Post by: SoylentGreen on March 12, 2012, 11:35:29 PM
Does the immediate removal of the image from commercial availability confirm that Getty et al wish to obscure what the image is actually worth?

S.G.

Title: Re: Image on Getty is no longer available
Post by: Jerry Witt (mcfilms) on March 13, 2012, 03:25:46 AM
ursus I can't see a scenario where Getty would be able to collect from you. I'd tell them they don't represent the photographer and to buzz off it was me. Also, I think I have a screenshot of that .ru page if you need it.
Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on March 13, 2012, 06:41:02 AM
Does the immediate removal of the image from commercial availability confirm that Getty et al wish to obscure what the image is actually worth?

S.G.

The Russian site is probably a Getty affiliate partner, we probably brought it to Getty's attention, thus they had it removed. I'm not sure price had anything to do with it,but it is plausible.
Title: Re: Image on Getty is no longer available
Post by: Jerry Witt (mcfilms) on March 13, 2012, 12:56:55 PM
Agreed. We all know they keep an eye on this forum. I'm surprised you haven't received a call from them yet saying that Getty will not be pursuing this matter.
Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on March 13, 2012, 01:11:12 PM
Agreed. We all know they keep an eye on this forum. I'm surprised you haven't received a call from them yet saying that Getty will not be pursuing this matter.

LOL, that would entail them admitting they made a mistake! not to mention I'm sure that isn't a part of the script that the college interns read when speaking with supposed infringers.
Title: Re: Image on Getty is no longer available
Post by: SoylentGreen on March 13, 2012, 01:38:32 PM
The swiftness of Getty's reaction surprised me a bit.
Matt should get this forum on RSS, so that Getty can have the butthurt served to them directly.

Seriously, though... Getty's just sending letters to anyone and anybody.
It's almost like phishing.

S.G.

Title: Re: Image on Getty is no longer available
Post by: SoylentGreen on March 18, 2012, 11:29:19 AM
It seems as if the Russian Getty affiliate was still selling the photo after the artist has cut ties with Getty Images.
Not a good thing....

S.G.

Title: Re: Image on Getty is no longer available
Post by: ursus on April 09, 2012, 06:52:12 PM
I wanted to let you know that Getty is no longer pursuing settlement and the matter is fully resolved.

I wanted to thank everyone, but particularly buddhapi and mcfilms, for the advice.  Getty seemed to drop the settlement once I told them they no longer represented the artist in question.

thanks again.
Title: Re: Image on Getty is no longer available
Post by: Robert Krausankas (BuddhaPi) on April 09, 2012, 07:02:17 PM
Good for you Ursus, and once again SHAME ON GETTY IMAGES!
Title: Re: Image on Getty is no longer available
Post by: SoylentGreen on April 10, 2012, 02:07:46 AM
This is quite a good outcome.  Good that people are researching and asking questions.
I hate it when people get scared, panic and pay immediately.

Not that Getty ever has legal standing to collect on behalf of the majority of its content providers.

S.G.

Title: Re: Image on Getty is no longer available
Post by: Oscar Michelen on April 13, 2012, 11:29:48 AM
You guys are doing an incredible job tracking down this image history. Its possible that since Getty had the right to pursue the infringement when the infringement occurred that it is doing so. If it was their exclusively licensed image during that period of time, they may have the right to do so. But if it wasn't or if their exclusive right to pursue infringement also ended when the image was transferred to someone else, then this claim is totally baseless and frivolous.