Settlement Demand Letter arrived in Sweden

[wallace]

The Famous letter has arrived here in Sweden, not to my door, but to a family member.
Since the family member isn't too hot with the English- I have decided to try and help him out.
GettyImages are demanding $3,000 for 3 Images, which they are stating are on the web site concerned, and they are right !
I saw the Images in question and I have removed them.
I then phoned up gettyimages and I tried to explain to the rude girl on the phone, who answered in German- but changed to Engish when she heard me speaking.
I said that the web site,was created around 6 years ago by a 3rd party designer and the images used, was certainly not known by my family member to be copy righted in any way- he was just happy to get a web site up and showing on the internet.
Within 3 mins of the telephone conversation, I was being offered a special discount ! I rejected this right away and told the girl, that there is no money available and I no longer wanted to continue this conversation and I would be writing a letter to her head office.
I have read so many comments over here on this board, some saying not to write to them, but I am so mad at these people.
I have been involved with the internet for over 12 years, running blogs and forums and not once have I ever come across a situation like this one.
I have so many friends in the digital art world, who have had thier work published in so many books and they are doing work for movie companies- and on many occasions, if we find any one using thier work on thier web site- we usually write them a e.mail and explain to them- not only have they stolen some one elses work, they are breaking the copright law !
And on most cases, these people take down the Images involved- and some times they simply close down thier site- and the matter is closed !
But Gettyimages are using another simple method !- "Pay Up" and boy ! doesn't their letter look so proffesional.
Its a 8 page letter and no wonder my family member was shaking in his boots when he came to my house, with this demand for this kind of money- which is a months wage for this person with 3 children.
I await on a reply from Gettyimages, and I will not give in without a fight !!!!

[Oscar Michelen]

I am not familiar with Swedish copyright law, but I can't expect it to be that different from other European countries and you can look at some blog posts about Getty cases i the Netherlands and Germany to gauge what is happening there.  I can't imagine that Getty will behave that differently in Sweden. Good luck and keep us posted

[wallace]

Thanks Oscar.
I forgot to mention that 2 of the 3 Images are smaller than postage stamps and still no word back from the big fish in the pond !
But I will of course keep you informed.

[Oscar Michelen]

thanks please do

[wallace]

The response:
thank you for your email.

Thank you for the removal of the imagery. While Getty Images appreciates the removal of the imagery, Getty Images must still receive compensation for the prior unauthorised use.

We understand that a third party may have been involved in creating the website. Your brother in law is ultimately responsible for the content of his website no matter who created the website.  If you are telling us the webpage was created 6 years ago it simply means that our photographers did not get paid for the last 6 years for his work, as in our records we did not find a license for the specific use of this imagery.

Our demand is an offer for an out of court settlement. We can only offer a discount of 20%, which is 21.997,80 SEK (incl.VAT.) If your brother in law is VAT registered please let us know beforehand, so we can deduct the VAT. The net payment is 18.180,00 SEK.

Thank you.

[Oscar Michelen]

Pretty standard

[brynolf]

Another unlucky Swede here! :X

Recieved the first letter from Getty in september, asking for about $800 for one small picture. I ignored it, and today I got the second letter saying the're willing to offer me "one last chance" to resolve the claim by paying the settlement. They refer to some swedish IP laws, and threaten to escalate to my legal department and the possibility of legal action if I don't pay.

From what I have read here, Getty will not escalate for one measly picture, I hope? It seems they usually send out two letters and then sort of give up, am I right?

[wallace]

Yeah!- 2nd letter arrived here as well, but just going to ignore this one too !
These bully tactics will not work, as we are not paying...

[Oscar Michelen]

Sometimes a third and even fourth letter will be generated.  Then here in the states it gets transferred to company called NCS Recovery. I dont know what the next phase will look like in Sweden, so please keep us posted.  Also can you tell me what sections of Swedish law they were quoting to you in the letter?

[jeanette081041]

I received a letter from Corbis which is located in Seattle Washington demanding over $1000 for the use of a license for a picture that was on a tempest that I purchased almost 3 yrs ago this coming Jan 2011.  The picture that came with this tempest could not be changed as I tired when I was trying to figure out how to make a unprofessional website. Since I was 67 yrs old when I wanted to give it a try and now it seems I was stupid as I trusted the company that sold these tempest. There are many many (I could keep typing the word many with hopes to getting my thoughts across) companies on the net that when you want to make your own website, they have these tempest already made up.
My website that has this Picture they are wanting to collect for is as the top left of the webpage...which is www.custommetalworksdesign.com
I have not sold one item from there nor has anyone ever contacted me regarding items on it. I actually just wanted to see if I could make a website for the fun of it.  
Now I have to figure out how to stop my website due to one tiny stamp size picture on the top left. This picture does not even relate to the items on the website. Its very hard to even make out what the picture that Corbis is trying to collect for should be. It has zero to do with the website and this picture certainly doesnt get anyone's attention except Corbin. I tried calling the very day I received this Registered letter and after hours and hours never could get to the person that sent the letter. The lady that answered the phone at Corbis was nice enough to listen to my sotry and then told me to send an email as they have been covered all day with phone calls after phone calls...I felt as if she was trying to tell me that
there must be 100's of people calling about the same thing.
I think maybe that the company that sent the letter on Corbis letterhead and something of a collections agency...

[Oscar Michelen]

Corbis has indeed jumped on this bandwagon and began a letter program some time ago. Corbis however does register its images so it is different form Getty They havent been involved in this long enough for me to try and determine if they will sue but I would be glad to try and resolve it for you or help you in addressing the claim Feel free to contact me at your convenience.

[Helpi]

"Corbis however does register its images so it is different form Getty "

They try to register them.  ;-)

[Oscar Michelen]

Good point! According to Judge Preska in the Eastern District of NY , their attempts were invalid!