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Author Topic: letter from getty images  (Read 3152 times)

wholelottanope

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letter from getty images
« on: December 20, 2017, 05:59:46 PM »
On my store website, I have a new product for sale. I got a stock photo from the factory for this item. The background of the stock photo is apparently a getty images photo. I got a letter from them demanding $700ish for the use of the photo. I explained that I had gotten the photo from the factory for use as a stock photo and was under the impression they had obtained all rights and sent them a link to the place where I got the item/photo. Of course, I immediately deleted the photo. I have since received several more letters demanding $700. I explained again that I thought the factory had all rights for use. I would never have used this stock photo otherwise. I told them that comparable photos are about $25 each....and even offered $100 for their trouble. Not even close. They are now telling me they are sending this to their "legal team".

Greg Troy (KeepFighting)

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Re: letter from getty images
« Reply #1 on: December 20, 2017, 11:39:36 PM »
On my store website, I have a new product for sale. I got a stock photo from the factory for this item. The background of the stock photo is apparently a getty images photo. I got a letter from them demanding $700ish for the use of the photo. I explained that I had gotten the photo from the factory for use as a stock photo and was under the impression they had obtained all rights and sent them a link to the place where I got the item/photo. Of course, I immediately deleted the photo. I have since received several more letters demanding $700. I explained again that I thought the factory had all rights for use. I would never have used this stock photo otherwise. I told them that comparable photos are about $25 each....and even offered $100 for their trouble. Not even close. They are now telling me they are sending this to their "legal team".

wholelottanope, Welcome to the forum. The first thing that I would do is cease all communication with Getty. I would also reach out to the company you obtain the image from, explain your situation and asked them for a copy of the license you can send to Getty as proof.

Do not let Getty's tactics of saying they are sending this to their legal team cause you unnecessary stress. The odds of Getty suing you over a single image are extremely low. Getty's letters are designed to panic you into thinking they are about to file lawsuit and get you to send the money to avoid it. You have responded to them so they will continue to send you letters for a while making threats and demanding payment.

I would start reading the forum in educating yourself. You generally have three options. Option one is to ignore them, break contact and have no further communication with them. Option two is to continue engage and/or fight them. You can send them a letter stating you have made what you consider to be a fair offer which they refused and if they continue to contact you you will file a complaint with the Washington State Attorney General's office. Option three is to just pay them to make them go away. I am not in favor of option three.

You need to decide what is the right action for you and your situation. Read the forums, educate yourself and ask questions. There is a huge amount of information in the forums and many of the members have a great deal of knowledge about the situations as well. Don't let it stress you too much as your situation is not as bad as Getty makes it sound.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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wholelottanope

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Re: letter from getty images
« Reply #2 on: December 22, 2017, 05:01:03 PM »
I actually tried to contact the company at which I got the product, but they have apparently shut down. :-/

wholelottanope

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Re: letter from getty images
« Reply #3 on: December 22, 2017, 05:10:54 PM »
i guess i should clarify too....the letter i received was from some place called picrights in regards to a getty images photo.

Matthew Chan

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Re: letter from getty images
« Reply #4 on: December 27, 2017, 07:23:18 PM »
There is something inconsistent with your statement. True Getty images are done by the inhouse Getty team.  If Picrights is pursuing an image that is also on Getty website, that tells me that the underlying artist is making their works available on multiple websites.

It can be a convoluted that way. Someone else had previously confused PicScout with PicRights. Very different companies with very different operations.  Details matter.

i guess i should clarify too....the letter i received was from some place called picrights in regards to a getty images photo.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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