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Author Topic: OK...got a surprise letter  (Read 5649 times)

HarassedByGetty

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OK...got a surprise letter
« on: March 22, 2013, 01:44:05 AM »
Had built a website for a friend some time ago and needed to find a small photo of any rock band, approx 100x100 pixels. Searched through Google images and found one on a tavern website 1000 miles away, thinking nobody would notice. Low/behold my friend gets his Demand letter today from Getty and was a bit fraught.

Not sure how to proceed at this point, but I must state that Getty is really stretching with this letter. They want $1050 for use of this very small image. Ultimately, I am responsible and that tiny photo will cost me as much as I charged him for the entire 7-page website.

Your thoughts on how to proceed?
« Last Edit: March 22, 2013, 10:06:45 AM by HarassedByGetty »

Robert Krausankas (BuddhaPi)

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Re: OK...got a surprise letter
« Reply #1 on: March 22, 2013, 07:27:28 AM »
1 dollar per mile....sorry but you get no sympathy from me on this one, as you clearly stated,

"found one on a tavern website 1000 miles away, thinking nobody would notice"

clearly you knew what you were doing was wrong..

« Last Edit: March 22, 2013, 07:29:40 AM by Robert Krausankas (BuddhaPi) »
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Lettered

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Re: OK...got a surprise letter
« Reply #2 on: March 22, 2013, 09:01:10 AM »
I agree with Robert.  In this particular case, in my humble opinion (for whatever that's worth), the right thing to do is pay up (maybe negotiate something a bit lower if you can).
Sounds to me like you knew you were doing wrong and got caught, but you're still going to break even dollar-wise.  So I actually see you as being lucky.
Count it as a cheap lesson.
I think you should also go back through your client list and clean up any additional offending situations before they become more problematic.

HarassedByGetty

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Re: OK...got a surprise letter
« Reply #3 on: March 22, 2013, 10:05:25 AM »
Thanks guys, your comments were extremely helpful.

(not really)

Have a nice day  :)
« Last Edit: March 22, 2013, 10:07:31 AM by HarassedByGetty »

Robert Krausankas (BuddhaPi)

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Re: OK...got a surprise letter
« Reply #4 on: March 22, 2013, 10:14:08 AM »
Actually Lettered gave you some good advice...make them an offer, negotiate a lower price...hell if I go out and swipe a car. does the punishment change if it's a Maserati or a hyundi?? nope...
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

lucia

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Re: OK...got a surprise letter
« Reply #5 on: March 22, 2013, 11:04:11 AM »
I think you have to settle. Your case has these difficulties:
1) You were in business of making web sites (i.e. you got paid.)
2) You seem to have known there could be a copyright issue (which you should if you hire out to make web sites.)
3) Your friend's page is commercial.
4) The image likely includes identifiable people who are performing on stage. You may not have cared who they were.. . but they will! It's not just vague unidentifiable body parts like "knees" or something like "a sprinkler head". So, they are going to argue that it's not just some interchangeable image of "any" band.
5) As a result of (4), the photo is also more likely than most to have been snapped by a professional photographer working for hire for the band and more likely than most to have been properly registered by either the photographer or the band. (Though you could check this.)
6) As a result of (4) the photo is more likely than most to be sold to fans of the band (even if you haven't heard of the band) or to be used on album covers, t-shirt and so on.

You can and should negotiate for a lower amount. Maybe you'll want a lawyer to do that for you-- if so Oscar's program might be good. But your case is definitely more 'infringy' than most we see here.

If I were you, I would try to discover who owns the copyright, whether it was registered, whether Getty has an exclusive license. If they don't you could state that you are willing to work directly with the copyright holder or something like that.  But... well.. given all the elements above, it's likely *someone* can sue you and win something. How much may depend on whether it was registered prior to your use-- that's something you will want to know when negotiating because if it wasn't registered prior to your use, that may limit your upside liability.


Jerry Witt (mcfilms)

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Re: OK...got a surprise letter
« Reply #6 on: March 22, 2013, 12:04:31 PM »
Yeah, this wasn't really innocent infringement. This was pretty willful and you gambled that you wouldn't get busted. However, I would argue with them about the size of the image. 100 by 100 pixels is thumbnail sized and you might be able to use that to get them to accept a few hundies.

NEXT time, visit a micro stock company like Pond5.com and spring for the few dollars to license the image.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Greg Troy (KeepFighting)

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Re: OK...got a surprise letter
« Reply #7 on: March 22, 2013, 12:33:58 PM »
I concur with the sentiments listed above. From your statement you knew image was not yours and decided to take the risk since it was from a tavern 1000 miles away. You need to settle this claim however I still feel the amount is high for the size image used. I am sorry but I have a little sympathy if you know about copyright law and you take the image and get caught then you should pay.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Oscar Michelen

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Re: OK...got a surprise letter
« Reply #8 on: March 23, 2013, 12:29:17 PM »
I think you can negotiate them down to well below $1,000 based on size of image. If the photo had images of people in it and Getty has model releases it might raise the photos value. 

SoylentGreen

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Re: OK...got a surprise letter
« Reply #9 on: March 25, 2013, 12:10:16 AM »
I guess that I'll be the "unpopular guy" today....

Getty images have never filed a lawsuit over a single image, so it's unlikely that anything would ever come of this.
But, they'll bug your friend/client for up to three years, though.  They'll use that as leverage to get either you or your client to pay.

S.G.


 

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