ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: boneill25 on August 08, 2017, 05:28:57 PM
-
I continue to receive the extortion letter from Getty but now I'm getting emails stated below:
Our office has already attempted to contact you on numerous occasions to resolve our client's claim for the previous unauthorized use of their rights-managed (RM) and copyright protected imagery. Please be aware that copyright legislation provides for strict liability, regardless of your level of knowledge or intent. You have been previously provided the website, along with the URL where my client's imagery appeared. As the end user, your company is ultimately responsible to ensure that the appropriate license(s) or rights to the image(s) have been obtained. Please be aware that if you hired a third party web developer to design your website your company is still responsible to ensure the images that appear on your website have been licensed appropriately. Additionally if you have purchased or acquired images from a subscription service or a website that provides templates you are still liable and responsible to ensure the imagery appearing on your website has been licensed properly.
Kindly respond and advise me how you wish to proceed in resolution so that I may accurately update my client with the progression to their claim. While this matter is in my office, I do have a certain amount of latitude from my client with regards to the final settlement amount. Thank you in advance, and look forward to working with you in finalizing a quick and amicable resolution to this matter on behalf of my client, Getty Images.
Best Regards,
NCS IP Solutions
PO Box 50276
Sarasota, Fl. 34232
P. 941.371.9900 x.217
F. 941.371.9901
This is an effort to effect a settlement and any information obtained will be used for that purpose
Anyone else receiving these emails besides the letters in the mail? Would like to hear opinions.
-
It looks to me like Getty has upped their game from the days of McCormack Law. I didn't see any misspellings, grammatical errors, or misappropriations of the law.
Perhaps they believe that starting less threateningly will allow them to get more fish on the hook. Maybe they are saving the nasty stuff for when they are sure you exist (they have a live one).
It's interesting that you are being contacted on two fronts: from Getty and from NCS. Does that seem wrong to anyone else?
-
Additionally if you have purchased or acquired images from a subscription service or a website that provides templates you are still liable and responsible to ensure the imagery appearing on your website has been licensed properly....
I feel like this would be a hard push in court.
If you purchased a website template or images from a subscription service (and have a receipt to prove it) they'd be really hard pressed to prove that your infringement was deliberate.
On a side note all of the "(s)"'s in this letter just makes this letter seem all the more "form letter-ish" to me... ::)
Not legal advise ~ just my opinion here...
-
Being it's an email I would not respond, they have no way of knowing they got a "live one" unless you do so.. Secondly if they were to contact you by phone or registered mail. I would document such and advice NCS this is a "claim" not a "debt" and that NCS cease and desist any contact immediately, lest they get reported to the federal government for harassing you.. NCS is a collection agency and does not have rights to enforce a claim of copyright infringement.. I like how they no longer use names in their "signatures"....