Newly Targeted

[rjohnston]

A company I designed a site for 5 years ago received one of what now know to be the infamous demand letters from Getty Images demanding $875 US for copyright infringement for the use of one small image. I have researched the issue and see that I'm far from the only one targeted in this way. It goes without saying that copyright infringement is wrong and I can't document or clearly recall where the image came from but I don't knowingly misappropriate copyrighted material. I've chosen to take responsibility for the issue since I designed the site but it infuriates me that this company can get away with this underhanded tactic.

I feel unable to fight aggressively since the company was targeted and not me. I want to preserve my reputation and theirs and I can't ask them to take the risk of further retribution from Getty.

For my part I've now learned that the photo site I've used most recently, IStockPhoto, has been acquired by Getty so I'll back away from them posthaste. I've also learned a bit about how some companies have decided to make money in a down economy.

[rjohnston]

I should also say that I spoke with Douglas Bieker, referenced in the material on this site, and found him to be polished and superficial, a good actor. I was offered a "settlement" in the amount of $675 good for one week.

[Oscar Michelen]

Thank you posting your message! Getty has not ever sued over one image and their $675 demand  is still way too high for their claim.  As discussed on my website, my firm will respond to Getty with a letter for a fee of $150.00.  That fee will include reviewing Getty’s response to our initial letter (if any) and a second letter replying to the response.  If there is any litigation resulting from this, we would reduce our hourly rate to $150.00 per hour.  Of course, you are under no obligation to retain us as your litigation attorney nor are you obligated to pay us anything beyond the initial $150.00.  Please send the check to the Mineola address below. You can also fax, phone in or email credit card information if you prefer. I have attached a credit card authorization for your convenience.

Once payment is received I will draft a letter for your review.  If you agree with its content, I will send it out then scan and email you a copy of the letter on letterhead that went out. Getty has been indicating that they are near the stage where they will begin filing lawsuits if people don’t meet their demands.  They have rejected every reasonable settlement offer. That’s why I felt it was necessary to do something to give small business owners a way to respond. The other thing is that once they receive a letter from an attorney they can no longer contact you directly so that should put an end to the escalating contact and harassment that other clients have told us about. Getty asks for 10-15 times the value of the image because that way when they settle for 5-8 times the value people are happy. The fact is that they may not be entitled to more than the $49 per image they charge and there may even be defenses to their claim that prevent them from receiving even the $49.
You can reach me through this forum or my email (xxx) or my law office at 1 800 640 2000

Thanks again for the information!