Social Media Contractor Who's Client Get's Letter From Getty's

[GeoffTalbot]

Hi there,

I am a social media contractor and we begin work on a client's blog earlier this year. In one of the first posts, I uploaded a low resolution image that Google said was a free image.  This isn't a high trafficked site at all...

In August our client received an extortion letter demanding that they pay $965.00 for using the image. We removed the image immediately from the back page of her site and the media gallery.

She got an attorney involved and the attorney wrote to Getty's who responded with another very aggressive letter. The attorney then came back and recommended she pay the $965. She then recommended that we take these $'s out of our monthly service.

I asked her if I could negotiate with Getty's and she said I could. I've just been on the phone with them AND they said that they accepted that it was accidental but the best they could do was $756. I asked them where the money went and they said that it went to the photographer and their 3rd party copyright protectors and not Getty's themselves.

I would love some advice on next steps (I'd like to keep the client and I don't want to pay the $756)

Thoughts

Geoff

[Greg Troy (KeepFighting)]

Welcome to the forums Geoff,

Was the attorney one who specialized in copyright and IP law?  We have seen many attorneys give the same advice you were given and they were not copyright attorneys. Please note that I am not an attorney either but I have been dealing with and studying this now for a while. 

Unfortunately Getty will continue to hound your client. At this point I can only see two options to make Getty leave your client alone 1) pay them  2) contact Oscar and use his defense letter program, for 200 bucks they will not be able to contact your client any more.

You can fight this yourself as I am doing but your client will still continue to receive letters from Getty, once Getty realizes that you do not intend to pay they will just focus on your client.

It's tough to be in your situation and I applaud you for standing up for your client, too often we see the client here who says the person who did their site will not contact them back or refuses to help them.

Know this, you and your clients situation is no where as bad as Getty makes it sound especially if it only involves one image.  Keep reading the forums and educating yourself and ask questions.

Good luck and please keep us posted as to what you decide to do.

[Robert Krausankas (BuddhaPi)]

yeah that attorneys pretty much sucked.... as for Google "saying it was free"...I've never seen this, in fact, google states on ALL image searches that "Images may be subject to copyright." This would not look good for you if Getty decided to pursue this.... Getty will quickly tire of dealing with you, and will probably simply go back to the client.. hiring Oscar on behalf of your client is probably the best option.

[Oscar Michelen]

Many of our letter defense clients are web developers who just don't want their clients continually harassed. Once Getty gets a letter from us they cannot contact your client directly any further. 

[localleads]

We are in a similar situation as a web developer who's client received a letter. As we always take responsibility for anything that effects our clients we need to take acre of this as well.

I would much prefer to pay ELI than pay any extortion to Getty Images.
My question is if we want to use the defense letter do we need to request it or does the client? As Getty is going after the client I would assume somewhere along the line we need their permission?
I am looking to make this as easy as possible on the client and do as much of the work as possible as well as all the costs.

Thank you so much for all the amazing info and input on this site.

[Greg Troy (KeepFighting)]

I am pretty sure that you may request it and pay for it so your client won't be bothered.  If you email Oscars office they can answer your questions.