Taking Action

[Steamy]

This is my first time ever posting in a forum, but I must be heard! I just received a letter in the mail today from Getty Images, demanding $750 for a photo on my website.  I built the website for my brothers carpet cleaning company and I found a site that offered free photos under some common open source law, so I didn't think much of it and I decided to use the photo on a secondary page.  The photo was used as filler next to text describing the process of removing allergens from carpet.  Anyway, I removed the photo immediately and emailed Getty images, apologizing and informing them that I took action to remove the photo.  Then I started to do research on this issue and I am appalled at what I have come across.  How is this tactic by Getty Images even legal? I just graduated college and I am planning on attending law school this fall, so maybe my legal curiosity won't let this type of injustice go, but I have started to look into this more and I have found this site.  I will post my entire process over the next few weeks, as it unfolds. So far this is what I have done: I engaged in a chat with a Getty Images associate about the price and terms of this photo (which I have attached), I sent an email to Getty Image's legal department in response to the letter, I have contacted the photographer to fill him in on this issue and I have signed a petition on whitehouse.gov against Getty Image's infringement tactic.  Maybe I am mistaken, but isn't a seize and desist letter supposed to go out first before some sort of legal action (like a lawsuit) is taken? Please corect me if I am wrong, or feel free to provide some advice/insight.  I will keep everyone posted on how this unfolds for me.
You can see attachment here: http://thesteamboys.com/getty_letter.html

[Robert Krausankas (BuddhaPi)]

A cease and desist is not required by law, that's just the "nice" thing to do. What Getty is doing is legal, albeit unethical...you will be treated just like everyone else here, your email will be seen by an intern making minimum wage, whom will answer you with the same response that has been sent out 1000's of times.. Engaging a chat with GI will be  a waste of time.. Contacting the photographer "MAY" yield you a different response, but don't hold your breath.

You need to keep in mind your letter is no more "special" than the 1000's that have already be sent..Not many people buy stock photo's anymore and they have to m ake money somehow.

[rock]

The asking price is $269 for 1 month.

check this link:
Getty Outrageous prices  - Getty New Strategy

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getty-outrageous-prices/

Getty has always gone after "actual damages" since they don't register their images (and therefore cannot get statutory damages) Their pricing regimen is one thing, how often they sell them at those prices is another and what the fair market value of the image is a third!

Anyone receiving a demand should also insist on seeing the pricing history for that image.

[SoylentGreen]

Hey Steamy,

Don't forget that your questions have been asked by others many times, and there lots of rich discussion about those very issues on the forum.

ProTip: Try the new "Google Custom Search" next to the "Official ELI Links"
This will help you find specific posts of interest.

Sometimes, new developments arise, and they're newly discussed at length.
However, many of the situations that people run into have been going on for many years, and most of the facts have been established in prior discussions.

S.G.

[Matthew Chan]

It would also be interesting to see what the other agencies charge assuming it isn't exclusive to Getty.

The asking price is $269 for 1 month.

Getty has always gone after "actual damages" since they don't register their images (and therefore cannot get statutory damages) Their pricing regimen is one thing, how often they sell them at those prices is another and what the fair market value of the image is a third!

Anyone receiving a demand should also insist on seeing the pricing history for that image.