Can Getty sue someone outside the US?

[jbanuelos]

Hi, I am the owner of a small web development company in the mexican border city of Nogales AZ, one of our clients got a letter from Getty Images about 3 days ago, the letter has the same text and format as many of the letters that people have posted on this forum. The thing is our client that got the letter, there company is based out of the border town of Nogales Sonora, Mexico but has a U.S.A. PO BOX address and U.S.A. phone number on there website along with the posted mexican address and mexican phone numbers; but basically everything gets trasfered into Mexico. Getty is demanding payment for 2 images that where purchased by us about 9 years ago by a stock photography company that is no longer in service to this date. Getty Images is demanding 1,000 dls per image, wich we think is ridiculous, because we got a price quote from Getty Mexico and each image sells for 4,265 MXN pesos, about 320 US dollars. Wich we might not have a problem in paying; as long as we get charged the MXN peso amount.


Questions

We already took the images down from the site, should we respond to Getty Images or just ignore it ?

In your experience would you think they would settle for the Mexican quote on there images?

Should we just wait for the second letter?

Should we just hire a lawyer to stop future direct harrasment by Getty or any collection agency?

Our client could just as well change there USA address and not have it posted on there website, it is not listed as a USA company
or is it doing businness in the USA, the USA address is just to received mail and the USA phone number (VoIP) is just to show accompany the US address.

What to do?  Has anyone with 2 images being sued?


Gustavo Sanchez
PC SONORA DE MEXICO
Noogales Sonora

[Oscar Michelen]

Dear Gustavo:

The only lawsuits I have found are for 20 images or more. If you transact business in the US you can be liable for infringement in the US. If you don't then US Copyright law won't apply to you.  They will move from the second letter to their collection agency, NCS Recovery. The contacts will then increase though I do not think they will sue you. So its  up to  you if you feel more comfortable with us sending out a letter of representation for  US$150.00. We can try to settle it for the Mexican peso amount for you. I hope I answered all of your questions

[jbanuelos]

Where can I contact you to arrange a letter of representation?

[jbanuelos]

what do you think about the following?

The Digital Millennium Copyright Act (DMCA) 1998 Section 512 plus:

The Copyright, Designs and Patents Act 1988 (c. 48)
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."

"It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety."

Any comments?

[Oscar Michelen]

OK let me deal with your questions one at a time.  Contact me via my office email xxx

THE DMCA section you quote applies to ISPs only - those entities that allow others to post content on their site THey are entitles to receive cease and desist notices

The second section you cite is the United Kingdom's Copyright statute which I have posted about a lot and have recommended be the model for US copyright law

The last section is inapplicable as Getty does is not trying to collect a debt. They are trying to settle a claim so Fair Debt Collection Practice is mostly inapplicable.