Hello,
We're a small business in New York State and we've received the Getty letter last month. The image referred to in their letter was not hosted on our website. Instead, it was part of a template provided by an affiliate partner hosted on their web servers. We responded, per your advice given in this discussion board, by requesting proof of copyright, license and damages. This was their response:
Getty Images is a reputable company and the leader in our industry, so for us to bring a meritless claim against your client would be irresponsible and quickly lead to the diminished credibility of our good name. With respect to the unauthorized use of our represented imagery, the burden of proof lies with your company to show licensed use of the images in question. We would be happy to produce the requested information only if compelled by the court, but it is our intention to resolve this matter before such legal proceedings become necessary. Getty Images asserts, for the purposes of settling this matter--and can further assure you under penalty of perjury--that all copyrights related to the images in question are owned by our represented photographers. Absent the appropriate licenses surrounding the specific use of the images in question - the demand presented is the minimum Getty Images would expect to receive in a matter such as this. As such, we will continue to pursue for settlement of the demand presented to avoid further escalation.
As previously mentioned, the image located on your website is a Getty Images Rights Managed image. As you and your designer may know, these particular Getty Images Rights Managed images are exclusive to Getty Images and only for license through us. The copyright is owned by our represented photographer for whom we have exclusive agreements to not only represent their images through licensing the use of their intellectual property to our customers, but to also protect them against unauthorized use, otherwise known as copyright infringement. For more information regarding our rights to the images in question, please visit the URLs below:
Getty Images looks forward to settling this matter between our companies quickly and amicably. The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remedies available under copyright law.
We appreciate your continued attention to this ongoing matter.
We would like to know your thoughts on their response.
Thank you
We're a small business in New York State and we've received the Getty letter last month. The image referred to in their letter was not hosted on our website. Instead, it was part of a template provided by an affiliate partner hosted on their web servers. We responded, per your advice given in this discussion board, by requesting proof of copyright, license and damages. This was their response:
Getty Images is a reputable company and the leader in our industry, so for us to bring a meritless claim against your client would be irresponsible and quickly lead to the diminished credibility of our good name. With respect to the unauthorized use of our represented imagery, the burden of proof lies with your company to show licensed use of the images in question. We would be happy to produce the requested information only if compelled by the court, but it is our intention to resolve this matter before such legal proceedings become necessary. Getty Images asserts, for the purposes of settling this matter--and can further assure you under penalty of perjury--that all copyrights related to the images in question are owned by our represented photographers. Absent the appropriate licenses surrounding the specific use of the images in question - the demand presented is the minimum Getty Images would expect to receive in a matter such as this. As such, we will continue to pursue for settlement of the demand presented to avoid further escalation.
As previously mentioned, the image located on your website is a Getty Images Rights Managed image. As you and your designer may know, these particular Getty Images Rights Managed images are exclusive to Getty Images and only for license through us. The copyright is owned by our represented photographer for whom we have exclusive agreements to not only represent their images through licensing the use of their intellectual property to our customers, but to also protect them against unauthorized use, otherwise known as copyright infringement. For more information regarding our rights to the images in question, please visit the URLs below:
Getty Images looks forward to settling this matter between our companies quickly and amicably. The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remedies available under copyright law.
We appreciate your continued attention to this ongoing matter.
We would like to know your thoughts on their response.
Thank you