Got the letter...

[TK]

Got the letter today. I have already removed the the photo and I am currently replacing all other images on my site with images from a photo pack I purchased a while back.

With that said the photographer listed has copyrights listed under Himself for a CD compilation in 2002. He has two other entries listed by Corbis in 2009 (from Auto Database). His site has a link for stock images that goes to Getty? They do not list what the copyrights are, unless i missed that on the copyright.gov website. So i guess I'm confused why I recieved a letter from Getty? Shouldn't it be Corbis?

Does this copy right being listed by Corbis weigh in on this? 

We're a small time IT (ie: my wife and I).  I don't even remember where I got it.  Usually I browse royalty free sites but I can't say it came from there.  We posted the picture in a blog entry whose category was "educational".  I know the intent in which the content was used probably doesn't change anything but figured I'd note it. We also don't have the fee, even if we wanted to pay it. It would equal 75% of what we've sold in the past three months.

[Greg Troy (KeepFighting)]

TK,

Welcome to the forums and the wonderful world of settlement demand letters. As far as why you got a letter from Getty it could be a simple that the artist has terminated his business dealings with Corbis and decided to use Getty. Also be careful with royalty-free images because royalty-free does not mean free.

I would send a letter to Getty requesting proof of their claim along with a copy of the signed contract from the artists giving Getty the right to pursue claims on this image. I would let them know what you have stated here as far as history of the image which validates your request for proof. Getty will refuse to provide the proof and at that point I would reply saying that you cannot continue negotiations until proof of claim is established and you will not respond to any further contact until claim is provided.

I would also dig deep into the forms as there is a lot of valuable information contained here which can tell you pretty much everything you need to do know from writing your letters to fighting back with complaint letters.

Got the letter today. I have already removed the the photo and I am currently replacing all other images on my site with images from a photo pack I purchased a while back.

With that said the photographer listed has copyrights listed under Himself for a CD compilation in 2002. He has two other entries listed by Corbis in 2009 (from Auto Database). His site has a link for stock images that goes to Getty? They do not list what the copyrights are, unless i missed that on the copyright.gov website. So i guess I'm confused why I recieved a letter from Getty? Shouldn't it be Corbis?

Does this copy right being listed by Corbis weigh in on this? 

We're a small time IT (ie: my wife and I).  I don't even remember where I got it.  Usually I browse royalty free sites but I can't say it came from there.  We posted the picture in a blog entry whose category was "educational".  I know the intent in which the content was used probably doesn't change anything but figured I'd note it. We also don't have the fee, even if we wanted to pay it. It would equal 75% of what we've sold in the past three months.

[Oscar Michelen]

Get educated from the videos and posts on the forum and be careful in how you engage them in future conversations.

[lamilina]

Here is a twist:

I am Canadian -  I live 6 months here and 6 months in Croatia.
The company is owned by my father in Croatia, I am the tour organizer and run the website.
The website is through Wordpress via Domainsatcost.ca
I used 1 photo in a blog post.
I wrote this blog in Croatia and accessed the photo from a Croatian site http://www.yu-fitness.com/ishrana/maslinovo_ulje.php
The photo on the site has no notice that it is a Getty Photo.
I have removed the photo from my site and from my Media.

So I guess the question is whether they can come after me if the company is Croatian?
Interestingly when I went to Getty to see the cost of the Photo, and it asked what my target market was, Croatia was not listed.

I was thinking I would email them saying that as it was accessed via a site that did not state it was a Getty Photo, I therefore used the photo unaware it was licensed and out of respect for Getty I have removed the photo.

Any thoughts?

[Oscar Michelen]

Lack of  knowledge of copyright is not a defense to the case but it can reduce the damages you would owe. Take a look at some of the videos that explain the basics of Getty's Program to gain some education about the topic.   

[TK]

It has been a while since I've been on here due to some family on-goings.

I have not written the letter as suggested... yet. One of my competitors and friends also received a letter and he just called me to let me know he now has an email from them stating he has 7 days to respond.  I find that odd that i haven't received that as well.  So I can only assume my time is coming.

I'll be digging through forums this evening and tomorrow to help me formulate my answer.  I really appreciate those that spend their time on here to help folks like me.