Received Getty Letter 10/26/2009

[nytiger73]

I am a very small business who received a Getty Demand Letter yesterday demanding payment of $750 for the use of a small image I used on a calendar I had on my website which has since been taken down.  Not just the image, the whole page.  Because I am such a small business (sole proprieator, no employees) who actually lost money last year, I designed the page myself.  It was used on a secondary page in the upper left corner of the page.  This page was a calendar that I had for my business.  I found the image on I believe Photobucket through a Google search.  Had I known it was a copyrighted image, I would have found something else to use.  I take copyright very seriously as I am an artist and create various other items by crocheting and some clay work.  I would not have paid for this image, as it was thumbnail quality, and it was a picture of a tree.  Had I known it was a Getty Image (there was no copyright info, no watermark).  I would have taken a picture of a tree myself, and I would not have paid for such a photograph.

Needless to say I can't afford any type of protracted legal battle with a company the size of Getty but I am looking for some advice on what I can do here.  I don't want anything to surprise me down the road either, but like Matt, I am not going to take this extortion lightly.

Getty has demanded that I reply within 14 days of the settlement demand date of October 20.  Since it took 6 days to reach me, it would seem as if I have only 8 days to reply.

Any help that can be provided would be greatly appreciated.

[nytiger73]

My contact information can be found on my website http://www.begood2motherearth.net

Thanks!

[Matthew Chan]

There is plenty of free information on this website and discussion forums to give you insight how you should proceed. We have provided informational videos and audios for you to listen to to get educated.

Every person has to make their own decision how to proceed. Good luck.

[nytiger73]

I probably should have worded that differently.  I am interested in getting in touch with Oscar to take advantage of his offer of writing 2 letters to Getty for $150.  Can you provide my contact information or website to him so that I can get more information from him?

Thanks!

[Oscar Michelen]

I am out of the country on business until Monday 11-2  Will get back to you then Thanks for the post

[nytiger73]

Hi Oscar,

Thanks for the reply.  I look forward to hearing from you.

Thanks again.

[Oscar Michelen]

Call my office when you get a chance so we can discuss your case - 1 800 640 2000

[nytiger73]

Thanks Oscar.  I will be calling soon.  Probably in the next day or two.

[Oscar Michelen]

Ok look forward to helping you on this issue

[nytiger73]

Hi Oscar,

I sent you an email to start with because my schedule is pretty packed to be able to sit down and make the call over the next few weeks.  It just gives some background information on our company and how we used the image in question.  If you did not receive it, please let me know and I can either re-send it, or send it to you in a PM.

Thanks!

[Oscar Michelen]

I got quite a few Getty related emails today.  Would it have been from nytiger73?

[nytiger73]

I'll PM you my email address.  I don't generally put my email address into message board posts to prevent spam.

[Oscar Michelen]

good point

[nytiger73]

Hello Oscar,

I was wondering if you have been able to locate the email I sent you.  If not, I can send it to you in a PM if you'd like.

Thanks.

Paul