Just Received a Cease and Desist for $975

[gslsco]

Hi,

After reading through some posts I just thought I'd ask a few question regarding this Cease and Desist letter.  I opened a little business about a month ago and the website has been up for maybe 2-3 weeks (It's still not finished, some pages are just blank with text on them).  My employees nephew made the website for us for free and actually bought the domain/hosting/wordpress and it's in his name.  We never actually approved the website nor did we have a contract or anything.  He was just doing it to be nice and we do appreciate it (even with this letter).

We asked him to remove the image today (completely off the website/server) and I'm wondering if we are liable or if we should just ignore it?

[Robert Krausankas (BuddhaPi)]

depends on the letter, usually removing the image is not enough, as they will still want your money. If the domain is registered in your company name, they will continue to hound you, how the image go ton your site doesn't matter, nor does it matter who put it there..it's all irrelevant in the grand scheme of things. You may elect to ignore the letter, just be advised that the statute of limitations is 3 yrs, so expect to get follow up letters, and threats of a lawsuit. A lawsuit is unlikely but it's not off the table.

[gslsco]

The domain name isn't associated with our business at all.  The web address is ourcompanyname.com however if you look up the address on whois.domain it's the nephews name.  We never paid or had a contract for him to make our website.  Technically we don't own the website, domain, hosting or anything to do with the website.  It's just a business page he made for us.

[stinger]

Is your nephew a minor?  I am not sure what the law would be, or if they could even chase a minor.

The turnip that you cannot squeeze blood out of, might make them leave you alone.  Is the letter from Getty?  If not, who?

[gslsco]

I'm not sure if he's a minor (he's not my nephew). I've only met him a few times but he's in university so I assume he's older than 18.

Yes it's Getty Images that sent the letter.

I'm just wondering what step I should take in this matter since the domain isn't registered to our business, nor did we hire this young man (no money exchanged).

[Robert Krausankas (BuddhaPi)]

well if you feel compelled to respond ( I wouldn't) you could state that your business does not own this domain name, but you'd be throwing your nephew under the bus, and they make chase him down.. Not having a contract or paying anything really doesn't matter one way or the the other. Is this a US case? I ask because you say "he's in university" which is more of a UK term..if you are in the UK or Canada everything changes as the laws there while similar are still different.

[gslsco]

Haha very perceptive, our company is located in Canada  .

I think not responding is what we will go with unless it makes a difference due to me being located in Canada.

[Greg Troy (KeepFighting)]

Did the letter come from Getty US or Getty Canada?  I would wait either way but it is much more difficult to sue someone outside the country.

[gslsco]

The letter came from the U.S. Seattle WA. The only thing Canadian related is if I choose to do a bank transfer it requests it be sent to the Bank of America located in Toronto Ontario, otherwise it's mail a cheque to Seattle.

[stinger]

I strongly doubt that Getty U.S. will be suing anyone in Canada over this.  Now, if you want to talk about them harassing you . . . .

[lucia]

t's in his name.  [...]
We asked him to remove the image today (completely off the website/server) and I'm wondering if we are liable or if we should just ignore it?

I doubt that you are liable. First: you don't own the site. Second, you don't control the site. He does. He may have done it 'for' you, but if you didn't hire him, you don't control him, you don't own the site, you don't own the server and you had nothing to do with any choices or activities involved, it's not legally your site. In fact: in principle, if he was a jerk, if his behavior was interpreted as yours, then anyone including a deranged vengeful former lover could just decide to call a site "yours" put anything and everything up there, and then magically, you are liable. Obviously, that's not right.

In this case, since you like the kid, it is not to your advantage to communicate with the people asking about copyright. Letting them sit in an informatin vaccuum is probably the best-- as then they aren't likely to learn who did copy, own and so on.  You aren't required to volunteer information to  help them sue the person who did copy, own etc: that would be this kid! Heck, you aren't required to tell them anything. No comment is fine. Telling them you would need a subpoena etc is fine.

[Greg Troy (KeepFighting)]

The letter came from the U.S. Seattle WA. The only thing Canadian related is if I choose to do a bank transfer it requests it be sent to the Bank of America located in Toronto Ontario, otherwise it's mail a cheque to Seattle.

I think you and your client should be fine then.  You may receive their letters and threats for the next three years but I doubt anything will come of it.