So I really Screwed up...

[cire253]

So I totally messed up this situation and let my natural state of panic take over me. I received a Getty image settlement demand letter last month in regards to a picture on our website, immediately we took the image down and replied via email stating the image was taken down. Once that happened I hopped on here and started researching and then weeks went by nothing from Getty and I thought things were good to go. Then I got a reply email saying thank you for taking the image down but the case is no where near closed and we are still seeking our demands.  The fee is a little under $1000 for one image, which like many of us feel is absolutely extortion. This is where I totally screwed up and want to appologize for my stupidity right away. (I deleated this part because lucia said not to divuldge to much info as in getty could come on a public forum and read this like anyone else, but to make a long story short I kind of screwed up big time in my reply to getty, i'd be willing to send full details to sr. members if that would help with suggestions) I know I know im a totally idiot and should have thought things through and not let my emotions get the best of me but honestly I panicked and freaked out. Im so stressed out over this issue and im loosing sleep and getting sick because of it. I dont know what to do, I tried finding out how to contact Matthew but could not find a way until now when a light clicked upstairs and realized there was a PM button, im having a nervous breakdown. I dont know what to do, can anyone help?  Do I just sit back and not do anything, i'd be willing to pay Oscar, I even paid $50 to Matthew for a phone consultation today,honestly im on the verge of a mental breakdown and or God forbid, suicide. I can't take this anymore. someone please help

[Robert Krausankas (BuddhaPi)]

you need to take a breathe, relax, and come back to earth.. This is not even close to the end of the world! Get educated here on the forums, decide how you want to handle it, and then be done with it.. If you feel that you can't stomach this, I would suggest hiring Oscar and let him handle it for you..there really is no need to get all freaked out... Now if you had 50 images on your site, then that may be a little different.

your options at this point:
1 Hire Oscar for 195.00 and it will most likely go away
2. Ignore it, and they will most likely send you more demand letters, ect...
3. Try to negotiate a lower amount, but they tend to not come down to reasonable amounts..
4. pay the full amount, you'll sleep better at night, and Getty image will put one in the win column, and have more money to send more letters, in the hopes that more people will flop over and pay.

[lucia]

Maybe give us some details especially tells us the  name of the image so we can find it at Getty. It's amazing what people here can find that might suggest there are flaws in their case. 

To the extent that something is a gotcha, don't post in a way that provides evidence here. Getty can read it here just as much as anywhere else. But if it wasn't on your server-- saying "no. It wasn't" would help us advise you. If you have Matt's email, maybe you can send him the image and some of the rest of us can look?

Also: breath. Think about the fact that while you need to get information, you also need to not reveal things that are to your disadvantage in public. This forum is public.

Was the image saved on your server? Getty has sent letters where the image is hotlinked-- they would lose in court because it's hotlinked.  (If the image was on the server, take a breathe.... don't  write "yes it was". Getty may not know yet, and revealing here. Not smart. But go find out so you know!  )

Do you know if the image is registered?  Individually? As a collection? At some point, revealing what the image is, who the author is etc. might help us try to trace it. These things can affect Getty's potential case-- if they ever file a suit.

[Jerry Witt (mcfilms)]

C'mon cire253, your life is certainly worth more that $1000 bucks. Even your mental health is worth more than that. So don't let this get you too panicked.

Take some time and read the other replies on this site. You'll find that Getty has not sued anyone over using one single image as of yet. Also, keep in mind that many Getty images are "bulk registered" by Getty (and not the original copyright holder). You'll learn how if this image was registered like that (or not registered at all) they will have a hard time collecting that thousand dollar bill from you let alone any court costs they are threatening. Before you give them any more information, you are within your rights to ask them to produce the copyright registration paperwork and if an employee of the company did not produce the work, then you will require a chain of title from the original artist that grants Getty the right to the work.

It would also be helpful if you shared the catalog information about the image as Lucia suggested and most importantly: Breathe.

[Extortion-Victim-No Longer]

You have found a safe haven here within this forum as well as a wealth of information that is invaluable...As stated by your replies so far, take a breath & if you can't go it alone, then be rest assured that you are in the best of hands in looking towards Oscar & Matthew for guidance, I did & I slept peacefully from that point forward. This will go away & you will survive this ordeal...but again, take a breath...read some posts, inform & educate yourself right here, you could not have landed in a better place. Many of us have been through this & that is what this website ELI is all about. Sleep tonight & tomorrow night knowing this is fact. You do not need to feel sick anymore as it will pass...& know we care...Hey I got through it & I was threatened with 5 years in prison & $10,000 DOLLARS over just 1 photo! At the end of the day, all I paid was $300...because I panicked to, there was never any need to.

[dieselfish]

Just wanted to reiterate some of the sentiments described already.  We've all been in your exact shoes.  We understand the emotional stress you are feeling.  I know it's difficult - but take what comfort you can in knowing that we are here for you. 

[Matthew Chan]

Cire,

I left you phone messages today at your 2 numbers. Please call me back. I am available most of today.

Do I just sit back and not do anything, i'd be willing to pay Oscar, I even paid $50 to Matthew for a phone consultation today,honestly im on the verge of a mental breakdown and or God forbid, suicide. I can't take this anymore. someone please help

[BadLuck]

I hope you are feeling better since the time of your first post. In all honesty, I think every single person on this board has been in the same situation as you.

Please, do not stress yourself into poor health. Getty/Other Stockphoto companies shouldn't have that much power over you or anyone else.