Received a Getty Demand Letter!

[steve2012]

First, thank you for all of the information on this website and in this forum. This site has been helpful in me trying to get a handle on this, figure out what to do, and eventually calm down my nerves! I’m not a big drinker, but several stiff drinks right now sounds good!!

I just received the letter from Getty Images November 23, 2012 (dated November 20, 2012) on a single image copyright infringement on my website. I’m a web designer by trade, and receiving this letter freaked me out! I thought I was so careful on my usage of images and photos. The image in question was of a golden graphic image of a globe with cloudy sky. I used it as a small background photo with a blue graphic of a man in front of it showing a thumbs up. I recently re-designed my website and dug up this image on some reference photo files that I had archived. I could have made the image myself using Illustrator. The image used is about one-fourth the actual size (per their original), and was partially covered up with the blue man! I don’t even remember getting the image, definitely not from Getty Images. I never been on their site (until now to view the image), they are too expensive. It had to be from a template or a graphic site. And no reference to a copyright to Getty Images so I was completely unaware of any copyright infringement that occurred.

So first thing was major panic, I had the shakes it scared me so bad! Finally I told my wife, who also panicked and told me to call her legal aid services that she pays a monthly service through her job. I decided to do a online search first on the Getty Letter, and thank god I eventually found your website. After spending a week of thoroughly combing this site, I decided to contact this forum first, thus this write up. I wanted to get some information/advice from this site before I made the call. I’m assuming I would be talking to a paralegal that’s not familiar with this Getty nightmare, so it maybe a waste of my time.

I immediately removed the image from my website and server. Getty is  demanding an $840 damages fee. This is insane! I am in the middle of a Bankruptcy 13, and I cannot afford to pay that! I notified them that the image was removed, I and believe the image was from an online template, and I was not aware that the image was your copyright property, and nothing else. I hope I did not screw up saying this. I wanted to be cautious on what I say and do.

Per the suggestions on your site, I did a search for comparable images, and I found a similar one for $3.00 at Crystal Graphics.
I understand that I have three options with this mess:
1.   Pay them their outlandish payment.
2.   Fight it!
3.   Go for Oscar’s defense letter program.

I think I want to fight this! This is bull! I think I can handle the harassment calls and letters for three years. If it gets too hot for me to handle, I will sign up with Oscar’s defense letter program.

I do have a few questions –
Years ago I purchased the Digital Vision photo CD, and used several of the images for various websites. After researching Getty Images, they now own Digital Vision. Are the images I used in the pass could be part of their copyright infringement?
And I also have an image on my website that I used from this same Digital Vision CD. The Getty Image “probe” picked up on the one image, but not on the other image. Will it make another pass or is the second image excluded from the copyright infringement? I’m getting paranoid!!!

Thanks’ for your help, and sorry for the long thread!

Steve2012

[Robert Krausankas (BuddhaPi)]

Welcome to the family Steve!

This will be real easy...they won't file suit over 1 image, besides you already stated you've filed or will be filing chapter 13...once they know this they will move on, they go for the low hanging fruit and those that just roll over.. If it were me I would send them a letter ( US mail) not admitting any guilt, that you removed the image, and are currently in bankruptcy proceedings, show proof of this if possible...at that point they should realize they won't get anything and leave you alone..hell I wouldn't even go any further than this, generally we recommend you ask for proof etc..but I see no need in this case...

I do have some questions about this cd you purchased, do you still have the CD, and more importantly does the cd contain any information about the use of the images contained on the cd?? not only cold this seal your case, but it could have reprecussions elsewhere..

[Oscar Michelen]

I agree with Robert's analysis  completely.  You need to look at the End User License Agreement that came with the CD. I would not worry too much about a one image claim

[Greg Troy (KeepFighting)]

Robert is right on the money with his advice. Also to date Getty has not filed suit over one image in the states and the last lawsuits if they did file was for 35 images and they got their butts handed to them, look up Getty v Advernet if you want to read about it. Please keep us posted on what you decide to do in any responses from Getty.

[steve2012]

Thanks everyone for your replies, I’m embarrassed about my Bankruptcy (been through some tough times), but I never thought it would be of benefit for this. But your replies make sense. It would be more of a headache and non-profitable for them to pursue, hopefully!

Regarding the CD, I still have it, purchased around  the late 1998's. It is the Digital Vision Collection CD, with a variety of different photo categories, such as business, medical, landscapes,… At the time, I remembered reading the terms at purchase, and using the photos for graphic work was okay. Well, I re-read it today and it does indicate using the photos for graphic work was okay, as long it was internal work. BUT at the end of the terms and agreement, it also states for external use, I need to purchase the separate CD’s per individual category.  I did purchase the “Business” CD, primary for the extra photos, not realizing it was a legal requirement. But I used several landscapes photos from the Collection CD. Crap, what an idiot! I need to switch out those images! Off hand I have two sites affected, but that’s two sites to many!

Now that I think about it further, I am going to remove any Getty Images from all of my sites, regardless if they are legal or not! I don’t want to have any support for them! Thanks for pointing me in this direction. You guys are a lifesaver!! I will rest better knowing this is under some control.

[Robert Krausankas (BuddhaPi)]

Steve, shit happens to all of us, and we do what we need to do, so don't be embarrassed..I tell people there is ALWAYS something positive in everything that happens.. In this case you can use it to your advantage..which is a positive..someday you'll look back at the Getty letter and see some positives as well!

[stinger]

I whole heartedly endorse what Robert says and I believe that any evidence of bankruptcy will make them run for more low hanging fruit.

It is not worth their time to get in line to try and collect a fraction of $840.

Besides, they have achieved something by getting you to remove (what they claim to be) their images from your work.

[steve2012]

Thank you Robert and Stinger. Shit do happen, and what I do from this point on is what counts. Robert, I am definitely going to write that letter stating my situation. The bankruptcy is public record. Once they confirm it, they should move on. Thanks again for the outstanding advice! I will keep you posted on the results.

[Oscar Michelen]

As I tell many clients, the bankruptcy system is there for folks to use it.  Wealthy people who get in over their heads and massive corporations regularly use bankruptcy. It was in fact one of the main business models of Bain Capital. So there is no shame in it and it will likely deter Getty.

[steve2012]

Thank you Oscar and Robert for your informative feedback! With your advice and insight, I finally was able to draft up a letter to mail to Getty Images, and hoped for a review from the forum's “Gurus” before I mail it. Shown below is my draft letter.

---- START OF LETTER ----
December 20, 2012

Copyright Compliance Team
Getty Images Inc.
PO Box 84434
Seattle, WA 98124-5734

[My Name]
Getty Case Number: [My case number]

To Whom It May Concern:

I received your letter dated November 20, 2012 with respect to the use of an image that is alleged to be copyright by Getty Images.

The image in question has been removed from the site immediately upon receiving the letter, even though it was not clear in the letter that you are the actual copyright holder of the image.

I am currently in Chapter 13 bankruptcy proceedings, [Plan XX-12345 XXX]. For your verification, this is public record with the United States Bankruptcy Court, for the District of [State].
I hope you find my current status and the removal of said image is suitable to close this matter prior to both parties investing more time and resources.

Sincerely,

[MY_FULL_NAME]

[MY_COMPANY]
[MY_COMPANY_ADDRESS]
[MY_COMPANY_PHONE_NUMBER]
[MY_COMPANY _EMAIL_ADDRESS]

---- END OF LETTER ----

I thought with the Bankruptcy statement, to keep the letter short and to the point. Hopefully they will make note that this case is not worth pursuing, assuming that I am “rotten” low-hanging fruit!

Again, any feed back is appreciated.  Thank you!!!

My donation is on the way!

Steve