Below is the alleged image as it appears in the Getty Images gallery and my proposed response to the letter. I would love the community's feedback on the response. Is there anything I write that I shouldn't? Is there anything I should add to the letter?
As you can probably tell from the contents of the letter, I've spent the past few days reading the forums and watching the ELI videos. One thing I haven't found, however, is a community vetted, legally safe and sound, sensible reply to the Getty letter.
I know there is no possibility of creating a one-size-fits-all reply as each case is different. Nonetheless, I hope that this thread will grow to provide the foundation for other Getty letter recipients to build upon. Thank you all, in advance, for you feedback!
As I fully expect Getty to reject my reasonable offer, I just contributed my proposed settlement amount to ELI! ;D
Getty and their friends always go after low-hanging fruit such as those who are "reasonable", "respectful", continue to respond back endlessly, or people who they feel are bluffing.
My peaches must be hanging low as of late. It must be time to invest in a new bra.
;D
LOL Budd...The Joker...The Steve Miller Band.....What did I win? hahaha!
;D ;D
Regarding the links to the other images you provided, I tried that one myself. Getty responded that other images don't matter, that this issue involves the image you infringed with, the Getty image we have rights to, blah, blah, blah.
They havelegitimate and honest answersevasive misrepresentations for everything, and if they don't they just ignore those points in your letters.
Most regulars of the forum know that I'm not normally in favor of communicating with the trolls.
However, if people do choose to communicate with them, I feel that a professional "The image has been removed because of alleged copyright infringement claims"... then indicate that you may consider making a "reasonable offer" with the stipulation that they forward proof of an actual copyright infringement against Getty.
They'll tell you to "buzz off" when you ask for proof, and in doing so, they've ended any negotiations themselves, in spite of your efforts towards a reasonable offer.
Then, they've pretty much screwed themselves.
S.G.
Matt, I'm looking forward to the day one of those interns gets fed up with being a copyright troll who is making so many lives miserable.
On that day, I hope that person will come to ELI and provide all the dirty details about what has to be a totally awful and spiritually deadening job.
I can't even imagine how I could look myself in the mirror every morning knowing that I was going to spend the next eight hours lying to people and doing everything I could to try extract exorbitant payments from them for, in so many cases, frivolous images worth less than $2.00 on the open market.
I'm wonder if it makes sense to include this line at the bottom of my reply "This email is sent pursuant to Federal Rule of Evidence 408."
From what I can tell, there is nothing in my letter which would hurt my case should it ever get to a court, and more likely, the content in it which would help establish that I made a reasonable reply and good-faith effort to their initial letter.
What do you think?
This is quite correct, Peeved.
However, it appears to me that most folks seem quite compelled to write to Getty and argue their position.
So, if people want to write, my advice is to keep it to the minimum that I mentioned, and leave it at that.
That is, leave it at the point wherein they refuse to provide proof of their allegations and/or refuse a reasonable settlement.
S.G.
@Matthew: but I've read from you a few times that you don't think it is wise to ignore the charges all together. It really comes down to, then, the character of the first (and potentially only) reply.
@Matthew: but I've read from you a few times that you don't think it is wise to ignore the charges all together. It really comes down to, then, the character of the first (and potentially only) reply.
As it turns out, I just discovered that my site is likely covered by the Safe Harbor Provision of the Digital Millenium Copyright Act. Since I allow anyone to signup, create pages, and add/edit content (all via a custom Django CMS), Getty needs to send me a takedown notice. My only requirement is to take down the allegedly offending image. No harm, no foul. Win.
TimTime, I am wondering if I can use your letter. I would, of course edit to fit my own situation. I am also wondering about the outcome in your case. Did they fire another letter back yet? Thank you.