My story ... its a little complicated

[worried_c]

A few years ago, when I was starting out working online, I bought some template collections, the ones that were all over Ebay, and on various online sites. The collections included Resell Rights, and often where aimed at people wanting to setup their own template stores, in fact one package I got included a template store script.

Some time later I sold a few (10) templates to another company, they insisted on a contract offering some protection, so I went to the Ebay seller who wrote to me that he had full rights, and was transferring them to me, etc. So I signed the deal. It was for $500.

Now some time later, in 2008 the company I sold them too, who has distributed them to their clients, is getting their customers coming to them because Getty have written to them.

Fortunately I think the deal was done through my uk limites business, no longer trading. Although on the advice of an IP lawyer in the US I reactivated the business - I don't know why - but he said I should.

The claims range from 1 image therefore circa $1500 to one template which has they say 5 images (they being Getty) but I see only 4, at $8000. The issue I have is more complex because my clients lawyer is trying to get anyone to pay but them, but they continue to distribute the images to new clients.

This is making sleeping at night almost impossible. The lawyer I spoke to suggested that I go to Getty and explain the issue in full, and try to negotiate, I have no major material assets, and from every thread I have read on Getty I am not convinced in that approach, but am willing to try anything to attempt to put this behind me.

My client of course would love to be able to continue using the images, and get someone, namely me, to produce the licences. I have provided them with (and did in the contract) the details of the seller, even that they came from Ebay, and were part of a collection.

Any thoughts appeciated.

[worried_c]

http://cgi.ebay.com/2-5-MILLION-WEB-TEMPLATES-FONTS-LOGOS-RINGTONES-RESELL_W0QQitemZ150303004482QQcmdZViewItemQQptZUS_Software?hash=item150303004482&_trksid=p3286.c0.m14&_trkparms=72%3A1234%7C66%3A2%7C65%3A12%7C39%3A1%7C240%3A1308

This gives you an idea of how readily available these products are, look at the sellers notice to Ebay at the end:

To all EBay representatives:
I the seller Winemakinglabels have the right to sell this item, and am able to provide proof of authorization if asked.
The images are mine.
 I created and retain all rights to and copyright all images in this listing.
This package was purchased on or around Feb-07-06
Listing 5859309027

and his boasting of earnings:

Last year alone I grossed over $30,000 in sales just selling from this package!
This year I grossed $38,700 in sales just selling from this package!

There are hundreds if not thousands of sites where you can buy these packages.

[Oscar Michelen]

They should hold off on continuing to sell the images. You don't want to lose the protection of the law as an innocent infringer. having now been put on notice of a potential copyright claim, you should cease and desist from using them images. There is no point in going to Getty to negotiate - they don't negotiate and they won't care about your story. Trust me, we have been through this with over 40 clients to date.  For cases of 5 images or less, it is highly unlikely that they will ever sue because since they started this program they have sued precisely zero times. I suggest you take a look at the various threads on the site to get educated  and either contact me or have your lawyer contact me, but I would not call Getty and I would not panic