Received a letter, stressed

[als]

Hello there - so relieved to find this forum.  I am a freelance designer and stay at home mom, currently pregnant with #2.  Yesterday I received this letter, the screenshot they are showing is my site's old design and the page is for an old client mock-up from early 2009 that never went live.  Of course I simply removed the page and all associated files, it was just an oversite that it was still there after 3 years. The image in question is one from a free background images site and I can find the image repeatedly still from these sources.  I just don't understand how a company can get away with this type of letter with no warning. I was reading about the letter program and the idea of just not having to deal with them sounds nice - but what has the end outcome been for most?  I read though everything for hours last night and cannot decide which direction to go. 

[Robert Krausankas (BuddhaPi)]

You basically have 3 main choices..

1. Settle with them and it will be over with.
2. Handle it your self and wait out the 3 years statute
3. Hire Oscar and wait out the statute

No one on here will advise you to take option #1, the image just isn't worth that much, no matter what Getty tells you.

There are plenty here that opt for option #2, if you have the stomach to deal with it, as you will go thru the typical cycle.

The positive side to Oscar's letter is they can no longer contact you, everything must go thru his office.

Have you seen this image for sale on any other sites? or just "free" sites", if it is sold elsewhere, this helps your case dramatically. I assuming this letter was from Getty Images? or is it from some other company?

[Lettered]

There are no guarantees, but I really don't think you have much to worry about.   My case involved a single image.  I hired Oscar to write a letter and I never heard anything from them again.  It has been well over three years for me since I got the letter so I consider the matter closed since the three year statute of limitations has passed.

[Peeved]

I think that budd sums it up very nicely:

You basically have 3 main choices..

1. Settle with them and it will be over with.
2. Handle it your self and wait out the 3 years statute
3. Hire Oscar and wait out the statute

No one on here will advise you to take option #1, the image just isn't worth that much, no matter what Getty tells you.

There are plenty here that opt for option #2, if you have the stomach to deal with it, as you will go thru the typical cycle.

The positive side to Oscar's letter is they can no longer contact you, everything must go thru his office.

Also assuming that you are dealing with Getty:

I totally agree with NOT opting for Number 1! For more "peace of mind", I completely agree with option 3. For those who choose option number 2, yes you must know what you will be dealing with should you choose this option. You will be dealing with CONTINUOUS letters and threats from Getty, McCormack, and possibly NCS Collection Agency. You will undoubtedly be dealing with a threatening INCREASE in demand price as well should you choose this option. It can be a tough road for some. Just know that the bulk of information on these forums are extremely helpful for those choosing this option.

Since you are pregnant with number 2 on the way, option 3 may be your best choice. It's all up to the individual however.

Wishing you the best.

[als]

Thank you all so much for your input. I have just scanned in my letter and sent off my request for the Getty Defense Letter Program.  I think given my present circumstances this is definitely the best option for me.

[Oscar Michelen]

Look forward to helping you with it!

[doggycase]

You basically have 3 main choices..

1. Settle with them and it will be over with.
2. Handle it your self and wait out the 3 years statute
3. Hire Oscar and wait out the statute

No one on here will advise you to take option #1, the image just isn't worth that much, no matter what Getty tells you.

There are plenty here that opt for option #2, if you have the stomach to deal with it, as you will go thru the typical cycle.

The positive side to Oscar's letter is they can no longer contact you, everything must go thru his office.

Have you seen this image for sale on any other sites? or just "free" sites", if it is sold elsewhere, this helps your case dramatically. I assuming this letter was from Getty Images? or is it from some other company?

I had a question about the statute of limitations for those who received Getty letters. Since the maximum is only three years, how would I know the exact date that they discovered the image? From the first Getty letter they send to me? The settlement demand date of my letter was March 29, 2012. Is this the date should the statute period starts?

I can't afford to hire Oscar right now, but I do have plans once I had enough money to prepare for this. For the meantime, I'm on Option #2.

[Robert Krausankas (BuddhaPi)]

@doggycase, the statute of limitations can generally be "guessed" by the first date of the first letter, granted they found the image before they sent the letter, so this is a safe bet.. Now the Phillipines may be a different story, it may not be 3 years there, and I don't think the Defense Letter Program, would apply to you being your overseas..you need to research the copyright law of your country first and foremost and go from there.

[lucia]

doggycase--
Also, bear in mind that's the statute of limitations in the US. I think you said you were in the Phillipines; if so, you need to check law in the Phillipines.

[timjefferson]

What usually happens after the first defense letter from Oscar is sent out to Getty?

[Robert Krausankas (BuddhaPi)]

sit back and wait, sometimes getty may contact Oscar, sometimes not, each case is different. If something develops your attorney would contact you. Once Oscar sends the letter no one from Getty or associated with Getty can contact you.
 

What usually happens after the first defense letter from Oscar is sent out to Getty?

[loserboy]

This is VERY similar to my wife's situation.

You can see what happened here: http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getty-imagesmemorial-day-welcome-home-surprise/