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Author Topic: indemnifying my client who got the Getty Letter  (Read 4324 times)

jbweir

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indemnifying my client who got the Getty Letter
« on: September 25, 2008, 03:08:29 PM »
Hi,
Thanks for providing this forum. I have to admit that I feel much better after reading it.

Here's my story --
I used to own a small web-design firm. We were extremely busy, so I often hired designers from scriptlance.com and other freelance sites to help.
I had purchased a nice waterfall image from IStockPhoto to use on a new site for one of my client. I hired three designers -- and asked each to provide me with a mock-up incorporating the image into the design -- the client picked the one he liked best. The designer happened to be with a company from India, who will not respond to my emails regarding this issue now.

The designer had used two other small stock-type images. They told me they were from a free stock photo site, but did not provide details. I didn't notice it until I got the Getty letter, but they had also actually used a different image than the waterfall image for which I had the license.

Anyway, years later, my client gets the dreaded Getty Letter. I responded to the letter, asking Getty to give me time to investigate the issue and give me time to contact the designers in India. I asked them to consider me the contact person in this issue and to leave my client alone, as he was not at fault. I told them I had immediately removed the images from the site. They replied back thanking me for treating the matter seriously and restating that it didn't matter if another company had stolen the images -- I was at fault.
I also added rules to the .htaccess file to block picscout from illegally crawling his site again. I also removed the site from the wayback machine -- archive.org.

This was around Christmas 2007. I didn't think much more about it, as I hadn't heard back, and I had removed the images.
I assumed that Getty would contact me again, but they never did.
I just found out they have since  contacted my client, who treated it like a joke and told them to "Kiss my you know what". They sent him to NCS Recovery, who has now been calling him and sending him letters. He is not being very nice to them, I'll admit, although he is an all-around great guy who just hates collectors. I had advised him earlier to not talk to them if they called, but to tell them to call me. He did not,, and I'm just finding out this week that this problem that I thought had vanished, had not.

I would like to indemnify my client of everything, even if it means I have to pay. I just don't want to pay the $3800 they are asking. Oscar, can I pay you to write the letter on my behalf and get them to deal with me instead of with him? I am very willing to negotiate with them.

Thanks!
Jen

Oscar Michelen

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Re: indemnifying my client who got the Getty Letter
« Reply #1 on: September 25, 2008, 11:11:07 PM »
Dear Jen:

I would be glad to write the letter on your and your client's behalf. This has been my policy for the several web designers I already represent who are in similar situations. As I recently reported in a separate post, NCS is fully aware of this site and our position on this matter and will return this back to Getty once they get a response letter from my firm. We are waiting to see what Getty will do from that point but once NCS or Getty hears from a lawyer, they can no longer contact the user or the designer directly but must deal with the attorney. So the letter at least puts the client at ease and gives everyone peace of mind. Please contact me at my firm via my email:  xxx  or via my office phone 516 248 8000

Oscar Michelen
« Last Edit: February 29, 2012, 11:44:24 PM by Matthew Chan »

jbweir

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Re: indemnifying my client who got the Getty Letter
« Reply #2 on: September 26, 2008, 03:24:11 PM »
Thank you -- I just emailed you!

 

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