Need Help/Advice

[NeedGIHelp]

Hi,

I am a web designer.  I sub contracted the design of a site to another designer who placed 1 small image onto a landing page they designed for one of my clients.  The landing page was active, meaning it was visible online but my client had never started promoting it.  A few months later, my client received a letter from Getty demanding payment of over $900.  When this was brought to my attention I reached out to the sub contractor I hired who told me he did not realize the image he used had a copyright and I naturally had assumed the image was purchased stock art- which normally runs around $3 - $20 an image (not over $900).

My client is asking that I transfer ownership to my company and assume both financial and legal responsibility.  I am in no position to pay such a high fee for 1 small image on a site that was not promoted and barely visited if at all by anyone other than Getty. 

Why does Getty not take into account circumstances and make payment modifications?  I have spoken with them and they do not take installments.  As a small business owner it is perplexing.  My client is very concerned about this appearing on her business credit report and as a valued client I understand and would like to absolve her company from this, but want to understand and know what rights my client and I have in this issue before I talk with the firm they have transferred the collections to.  Any help/advice is appreciated.

[Robert Krausankas (BuddhaPi)]

yeah they just your money, or anybody's money..chances are good they will continue to pursue your client, as they are the domain owner, transferring the domain to you will not help, as they owned it at the time the infringement was discovered.. If you're willing to step up to the plate ( and you should be ) you can simply request that your client hire Oscar for the letter program, and you reimburse your client in some way, or you can hire Oscar on your clients behalf. Chances are very good that if you hire Oscar it will eventually go away ( after 3 yrs) in the meantime by law they cannot contact you or your client as you will be being represented by an attorney.

[stinger]

You should definitely get educated on this forum though. 

There is no way that this incident should hit your client's business ratings, because at the moment, Getty is just making a claim.  They make it sound like they have proved copyright infringement, but they haven't proved that the copyright is theirs to enforce.

Spend some time on this forum.  The more you read, the more you will understand that this is a business plan to separate you or your client from your money.  There are a number of ways to proceed, but for $200, Oscar's letter program should get you and your client off the hook and out of the communication loop.

Only you can decide what route is best for you.

[Robert Krausankas (BuddhaPi)]

Thanks for addressing the credit rating issue Stinger, as I completely forgot about it..

[NeedGIHelp]

Thank you for your advice stinger and BuddhaPi.  I value my client and am absolutely willing to take over.  I just do not want to pay close to 1K for a small image that I nor anyone involved was aware was copyright protected.  I will definitely contact the attorneys here to help.  I would rather absolve my client of having to deal with this, but I will see what the attorneys here recommend.  Thanks!

[Robert Krausankas (BuddhaPi)]

the recommendation will be to have Oscar draft up a letter to getty, for 200.00 it is money well spent, you'll have a happy client, and you won't have getty harassing you for the next 3 years.

[Oscar Michelen]

The letter also shows your client you are standing up for them and as others here have said cuts off all communication between them and Getty