My Response Letter

[stayathomemom]

Hello and thank you for this site!  I have been reading/watching the past few days as we received our letter  at the beginning of the week ( it's dated April 12th) in regards to one photo on our mom 'n pop site I created myself.  Apparently we are 1 of the many in the newest batch of letters.    I know we need to respond to this first letter per my educatin' so far....here is a draft of the body portion.  Any suggestions from the forum?  Thank you so much!! 


Dear Getty Images:

This letter is in response to the letter your company sent regarding an allegedly infringing image on our website.  You have brought to our attention that this image actually belongs to a professional artist/photographer named Jack Ambrose and does not belong in the public domain.

Thank you for bringing this very important information to our attention.  As a result of receiving this information, we have removed this image from our site.  We never had any intention of infringing upon copyright law and had previously understood the image to be a free stock image because no watermarks or other identifying information were attached to it. 

In regards to the fee you are trying to collect, we are concerned with how you calculated the amount due.  Based on the current calculations as of April 19, 2012, the image would only cost $690 for up to two years of licensing.  Before paying any fees, we would like to discuss this further with you and would also like to see proof of the following information:  how long we used the image in question, the registration date of this image, your ‘incurred additional costs’, and when this image was registered with the U.S. Copyright Office.

If you continue to contact us about paying this fee without first supplying the information requested above, we will have to seek legal representation to handle this matter with you and your company.

[Robert Krausankas (BuddhaPi)]

I would not send this letter as it is, I think you need to do more homework, you might start by looking at this thread:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/got-the-letter-a-question-and-my-plan/

You don't want to admit guilt in any fashion, there are several posts regarding writing letters that are to your advantage and not theirs, you need to fight this on YOUR terms, not theirs.. And getting into "discussions" with them will be fruitless and frustrating, bottom line they want YOUR money, and are not open to discussion for the most part..

[stayathomemom]

Thank you buddhapi!  I appreciate your input/advice and will check into that.   

[stayathomemom]

Ok, I did go through that post before.  The whole 'admitting guilt' vs appearing to be willing to work with them is very confusing to most of us who aren't familiar enough with law, court, etc.  @SoylentGreen said it best with "Many people aren't that articulate, and that's the danger."  This was my first draft, but maybe it is better because it takes out the 'admission' part.  I thought it was important to #1, request more information from them (which I know they never do, but at least the ball is in their court) and #2, mention about obtaining legal representation (I want to either stall them til the statue of limitations runs out or eventually send a letter from a lawyer).  But maybe I'm chasing rabbit trails I don't need to....  Off to make a donation.  Thank you so much for this site!


Dear Getty Images Legal Department:

We received your letter in regards to case #_________________ and apologize for the inconvenience this is causing your company and artists.  However, we would like to inform you we will not be paying this fee until we receive the following information from you: your proof of how long we supposedly used the image in question, the registration date of this image, your ‘incurred additional costs’, and when this image was registered with the U.S. Copyright Office.

If you continue to contact us about paying this fee without first supplying the information requested above, we will have to seek legal representation to handle this matter with you and your company.

Sincerely,

[Lettered]

I'm not a lawyer.  I think the part about asking them to prove how long you had the image up wouldn't look so good for you.  I'm not for admitting guilt, but such a statement just kind of smacks of shirking responsibility (just my impression).  After all I suppose you know how long you had it up.   Maybe it would be better to ask them for a detailed breakdown on how they arrived at thier number along with sales and license fees history for the image(s) in question.
Actually, the better solution, I think, is just to pay Oscar to write the letter.
Best of luck to you.

Edit:  The above may have come out wrong.  What I was trying to say was that I think it looks better on you if you go to court (unlikely in my humble layman opinion) if you appeared to be trying to ascertain a reasonable settlement amount, or even offering up a reasonable amount (in line with actual damages assuming unregistered images), without admitting guilt of course.  just my 2 cents .

[Peeved]

I agree with Lettered. Hire Oscar and be done.

Just my two cents.
 

[stayathomemom]

Thanks Lettered & Peeved.  I had given thought to Oscar but it sounded like he was already overwhelmed.

[Matthew Chan]

Oscar has an office manager to help monitor defense letter requests. She is good at keeping things on schedule. If you need to hire Oscar, don't be bashful about it.  Get your information in ASAP.

Thanks Lettered & Peeved.  I had given thought to Oscar but it sounded like he was already overwhelmed.