Retired Forums > UK Getty Images Letter Forum

Another UK Getty 'Love Letter'

(1/4) > >>

amigo:
I love this site, has been a great and calming resource for me since I received my Getty UK letter this morning.

So a bit of background about my situation.

As with probably a lot of other people, I found a great image for my 'About me' page for my social media consultancy services website through a Google Images search. This was probably ummm end of September/early October 2011.

Put the image up on the site, let it sit happily for 6 months - obviously ignorant to any kind of copyright breach or anything of the sort.

As I got more educated about online IP and copyright, I become more and more careful about my use of images on pages and blog posts. However I completely forgot about this particular image.

So anyway I received my Getty letter this morning and after an initial panic, found this site and calmed down a LOT.

Its the standard one, asking for £800 plus £184 VAT for this particular image.

I have removed it from my site - I have also done a thorough check of all my other sites to make sure I haven't got any more breaches and when in doubt, deleted images.

Strange thing is that the letter is dated 11 April. But the screenshot of my site is from an old design, which I got rid of about a month ago.

Having read through this stuff, I understand that the next step is to respond to Getty in writing, either by letter or by email I guess.

I just need a bit of help on what to put in the letter. What I have gathered is that it will be something along these lines, and with a stern tone:

- Confirm removal of image
- Ask them to prove exclusive copyright of image in question
- Ask them for how they calculated amount due
- Do I offer a settlement amount (something along the lines of or do I wait to hear back from them on the above first?

If it came to it I would pay, as the image was on my site and ignorance isn't a defence in UK law, however an arbitrary sum with no back up and threatening letter isn't going to get it out of me.

I only started my business a few months ago, and still do almost all my work for free to just try and build a reputation so not sure how I'd be able to pay the full amount.

Would really appreciate any help.

Thanks

Couch_Potato:
Hey amigo :p

Aside to what you have stated, which seems like a pretty good first step, just remember when replying not to provide more information than is required to make your point. Do not attempt to be 'clever' by making unnecessary statements because it will make you stand out, which paints you as a potential target. Try to be as bog standard boring in your reply as possible. Keep it factual and read it through a couple of times before sending it to ensure you remove anything emotive.

In turn they will send you a bog standard reply and you can follow that merry-go-round until they realise you aren't an easy target and not worth the resources pursuing.

Good luck.

amigo:
Thanks Couch Potato.

That was more or less my plan, a short letter basically along the lines of...

--------------------
Dear Blah Blah Blah

The image has been removed.

My legal representative has advised me to obtain the following:
- Please provide evidence of your ownership of exclusive copyright
- Please provide a detailed explanation of how the amount due was calculated.

I look forward to receiving your reply so that we may resolve this amicably and quickly, as your letter also stated you wish to do.
---------------

All completely reasonable requests me thinks.

gettyouty:
Hey i have been lurking round these boards since i got my getty letter! Looked all over the net and decided this was the most sensible action to take (SEE ABOVE)

Well, i got a return today!
the basics are that they are happy i contacted them, and followed on to tell me "Copyright exsists upon the moment of creation".. and how they represent the photographer and claim the image was is only avaliable exclusively via the website.. NOW to me this isnt proof?? this is just "im telling you we have it" not "here it is?"

Also, they told me the calcuated the price by taking in to consideration possible revenue lost by photograther + the time it took to pursue me (that 1x letter now 2) .. they also offered me a 25% reduction to settle this week..

SO, what do i do now??
I asked for proof they had exclusive rights to it?
they pretty much claimed they did, and went on to say that should i dispute it, i should have written consent from the aforemention photograther

I asked how they worked out the price?
they told me, weither i agree with it is another matter..

Right now im stuck, OK i just saved myself £200 by contacting them, but they are still asking a huge amount for 1x image,

Do i pay up and shut up? or do i push for a bigger reduction?

I know they don't care and im sure they hear it all the time, but the website it was on was made for FREE for a local one off charity event.
No revenue was made by me or the organisers. The image was used innocently by a 3rd party, I understand we often have to pay for our mistakes, but I still think what they are asking for is way to much. I found VERY similar images (100s of them) on various other photo websites for less then £1 along with plenty for free

*note.. SORRY if i have hijacked this thread, I just figured as i had used the advice i got from this topic i should give back what it has acheived so far..

Robert Krausankas (BuddhaPi):
did i just read, the sire made no money? zero, nada, nil?? and was for a volunteer org, or non-profit?? If so I would refer them to the video of the CEO Jonathan Klien stating"...Getty doesn't mind people using their images, if their is no money involved...." that "may" make them backtrack, or at the very least, put them in an uncomfortable position. You could also re-iterate the fact that they did not supply you proof of anything, and they are just "claiming" they have exclusive license, much the same they are "claiming" you owe them money..welcome to the merry go round..fight on your terms not theirs, turn it around on them.

Navigation

[0] Message Index

[#] Next page