Messages

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Getty Images Letter Forum / Re: Getty From Start To Finish

« on: June 12, 2012, 10:40:15 AM »

Lucia - I plan on keeping the LLC alive because I still do use it.  Again, I do side work under it but until recently I have not had much work due to the economy in the construction industry.

Buddhapi - I completely understand what you are saying about Getty.  Obviously that is why they are doing what they do and we are all on this blog.  My point is that in their first letter they asked to show that I had a license from another source for that image.  Well, in my mind, my other "license" for the image was in the book that I own.  If I invited Mr. Getty to my house and he saw my book lying on the coffee table and started flipping through it and came across this image would he instantly accuse me of copyright infringement because I did not have a license through his company to possess that image on my coffee table?  In his mind probably so but in my mind the image was legally obtained for my use as a decoration or discussion piece on or within facility that I own.  I guess because the image had absolutely nothing to do with my business, I just like the picture and I enjoy the photographer's work, I figured it was more of a decoration than an item used for marketing.  I view my website, or anyone's website, as an extension of their office or home, whatever their intent.  Pictures and banners on a website are like pictures or banners hanging on my wall in my house or office.  They have no relevance or significance to my success or marketing.  They are merely there to make me happy when I see them.  Now if I was using the image as a tool to market myself or to make money off of I can see the injustice in that to the photographer or to Getty.  I guess that was my philosophy on it when I did it....not knowing it would turn into this of course!

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Getty Images Letter Forum / Re: Getty From Start To Finish

« on: June 11, 2012, 06:53:33 PM »

Thanks for the advice all.  I understand that copying from a book was not the best idea on the planet.  I guess my intention of bringing it up was that the image was from a source that was not owned by Getty for internet image distribution but by another source.  If their exclusive right is to distribute digital images via the internet and that is what they are trying to get me on then my statement of using the image from an alternate source was simply for them to understand that it was obtained from an outside source unrelated to online purchase and distribution.  The image was being used on a company website.  It was a picture of lightning strikes over the City skyline.  It had absolutely nothing to do with my services or business.  I just liked the image and the photographer that takes these pictures.  It was displayed on my "contact" page where my business contact information was....easy catch for them right?  I am more or less a sole proprietor and honestly have not made much money in the past few years.  This was simply a side gig that I did, more or less moon lighting.  The reality is, there is no money in the name of my LLC anymore so there isn't much for anyone to sue my LLC over.  Not sure if that helps lighten the load of this harassment.

Thanks again.

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Getty Images Letter Forum / Re: Getty From Start To Finish

« on: June 09, 2012, 10:31:47 PM »

Not really sure where to put my story in on this forum but I have been playing this game with Getty since February of this year, 2012.  I had one image on my website that I immediately took down.  The funny thing is that the image was actaually a scanned image from a self published book I bought years back from the photographer but apparently he had this image licensed with Getty as well.  So I responded to the letter, which initially I should not have done because it was addressed to my "
Legal Dept" which doesn't exist.  THus far I have never signed my name to any response letter, just company letterhead.  Well I responded back stating that the image was from a book that I purchased.  They came back about a month later saying they were sorry but it is still licensed imagery and I owe Getty money, although the reduced the amount.  I replied back stating that the image was scanned from a published book that did not reference any permission from Getty to publish.  So apparently Getty does NOT exlcusively own that image!!!!  I told them to stop harassing me or I would get my "legal team" invovled.  Well they replied back about a month later again with the original letter they sent me with the original amount owed.  I ignored and I figured it would go away.  Well it did...for about 2 months and just this Friday I got a letter in the mail from their legal counsel, McCormack Intellectual Property stating that I now owe double the amount originally owed!!! - $1400!!  So I am going to ignore this letter now.  What a corrupt bunch of a-holes!  If anyone has some additional advice on what to do with this, seeing that I used this image from a self obtained resource.  This image clearly is NOT exclusively licensed with Getty if it was used in a published book that was published in 2009.  It's not theirs and I am NOT paying them!  I even gave them the ISBN # and publish date, company and author.  They don't seem to care.  I am tempted to contact the photographer directly seeing that he is a local university professor and just paying him outright and telling him the crap I am going through with this sleasy company!!  Thoughts??

Thanks - g-mareng.