Messages

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Getty Images Letter Forum / Re: Here we go! Got my letter!

« on: January 28, 2013, 11:05:49 AM »

Well guys I asked them to provide their proof that they hold the copyright or signed documents from the author giving them rights to demand .... otherwise cease all communication.  I added that without such proof, any communication will be considered harassment and I will file harassment cases against them, their employees, and their representatives.

The reality is I was initially battling with whether this claim was not only legitimate, but if it was actually Getty.  I've seen so many stories about scammers and the lengths they go to rob people.  Realistically, how can you or anyone respond to their demand of 'pay me on the internet' with no proof of who they are 'first' and that they actually have rights to demand 'second' in 14 days?  Well, in one day in my case since I get the mail twice a month from the box.   

Next ...... avoiding the summons ...... If they decide they want you, be sure not to forget the predicament you are in for the three years. 

I am not a lawyer, of course, so I can only suggest you speak with one if necessary - there seems to be availability of representation here.  But, it is my believe that if you are NOT served then there can be no hearing, and if there is no hearing there is no case.  So ... no certified mail is accepted for three years.  After 15 days of the notice in your box, it is automatically sent back to sender ... I think. 

 

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Getty Images Letter Forum / Re: Here we go! Got my letter!

« on: January 21, 2013, 09:49:26 PM »

Well Greg you've given me some things to think about.  And options to pursue.  I have a PC guy who has some software that may be able to scan my crashed drive for the template and licence should they be there.  I would like to work out all options, but I feel strong armed to respond to Getty with money in unreasonable time frames.  For example, I have until the 24th to pay $820.00 or the deal is off.  It is difficult to meet their deadlines.  For example, they mailed my first letter January 5.  I did not get it from post office until January 17 - leaving me 2 days to panic and react (14 days). 

I think I may go the complaint route .... They should provide info that they do have rights to the image if they request that I in turn provide proof I have a license to display it.

And, aren't they totally clogging up the jurisprudence system in Washington for $1000.00 cases?  Can the court there handle the demand, and do they want to try to handle the demand?  Seems to me hundreds of people would be dragged to court there monthly - maybe more.         

         

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Getty Images Letter Forum / Re: Here we go! Got my letter!

« on: January 21, 2013, 09:06:28 PM »

I'm guessing Greg that you were escalated and started getting letters from their attorney, and then you started getting letters from a collection agency ....?  And that is where you are now .... wondering what will be in mail, tomorrow...?   

If you all joke around that is fine by me.  Eases the stress of the situation.     

And I really do appreciate your replies, attention, and support ....  !!!!!

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Getty Images Letter Forum / Re: Here we go! Got my letter!

« on: January 21, 2013, 08:50:53 PM »

Thank you for links Greg and your experiences so far ... I should post mine too for others to consider ... 

Well I guess my offering them $200.00 and their rejection was good on my part.  I could reply and offer them $300.00 just to make it look good ... as they are likely to reject that.  And the fact that I 'may have a license' would be a kick in their pants if they went to the trouble of suing over one image and then 'lost!' They need to factor that into their rubric of pursuit in my case.   

The image in question is patented to the photographer.  http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=greg+pease&Search_Code=TALL&PID=Upt2CigPIGv9NuH2DwQv-O7VI&SEQ=20130121204246&CNT=25&HIST=1   But Getty is not mentioned in the patent ... 

.... So, if the collection agency must go away on request, because this is not a bad legitimate dept, I may as well go with the three years.  Any letters I get anyway, I will promptly "return to sender - not at this address!"   

You say Greg is not past the three year threshold yet.  Is anyone else past it and also left a report of their case with play-by-plays on the site here?

* ...   

     

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Getty Images Letter Forum / Re: Here we go! Got my letter!

« on: January 21, 2013, 08:22:28 PM »

Hello Robert .... Thank you for reply!  What do you mean ... "wait three years to pass ..." and it will be over?

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Getty Images Letter Forum / Here we go! Got my letter!

« on: January 21, 2013, 07:54:07 PM »

Hi! 

Glad you guys are here to provide so much info for those of us who are being pursued by Getty.  First I got the demand letter with the screenshot, etc ... photographer's name and the stock number in Getty's library of images. 

I was told to pay $965.00 to settle now.  I replied after researching how and where I obtained the image in question.  The image was actually part of a website template I had downloaded back in 2005.  I cannot recall if it was a free template or if I purchased it.  I purchase everything ... so I am guessing I purchased it.  The original zip file was on a hard drive that has since crashed.  I actually have the MyBook crashed hard drive on my desk shelf, and I look at it periodically wondering what goodies it holds.

I replied to the email address provided in the letter explaining my situation.  I told them when I had obtained the image (2005), and  I that am indeed unsure as to whether I have a license to use it that I can provide in a flash - as it may have been lost or on the crashed HD.  I found a screenshot of the template with the image in question on the template screenshot in a file folder of old websites though.  The properties inspection suggest I got the image in 2005.

The image Getty found on my site was a greatly reduced version - about 1 in height and 4 inches wide, and it was placed BEHIND another image - that was actually obscuring 50+% of it.  I had a semi-transparent layer on top of the image in question covering it with a word like OHHELP.  So image this obscured image behind the image overlay or the word, and peeking through the O H H E L P on top.  The letters were a very heavy font, and very little image peeked through.  (Wondering how they found it in first place)           

In response I provided the law that any judgment can be reduced to not less that $200.00 when using an image that was unknown to not have a license, and suggested I pay them $200.00 now to just get through the red tape.  Otherwise, I am considering bankruptcy - as I am making no money here.  I also told them I was using it not knowing I was in any violation. I told them a license 'could still turn up' if I get the data off that hard drive.  I sent them a screen shot of the template where I obtained the image.       

They replied that they now want $820.00 after careful considerations. 

I am on the fence here.  I could send the letters the site suggests, and stop any collections, or just file bankruptcy - this business has no assets.  Then start a new business for $135.00. 

Or, I am thinking about also providing a response that says 'I believe I may have a license on the crashed hard drive.  If you sue me I will have it data mined and we all see.'   

In any case, after reading these forums, I see no stories from start to finish .... from "I got the letter," to "I responded this way," to "and this is what happened."  It just seems everyone posts on the initial fright of it all, then they don't follow up on their case and results.  Or am I missing some cases here that I have not found yet?     

If no one is getting sued for 1 image ... I believe I will just send the "stop trying to get money from me letters ...." and see what happens .... Or try to get them to reduce the penalty again .... stating my case of image obscurity (they claimed it added to the aesthetics of my site - when it was actually not entirely visible), and that I may have a license on that old drive. 

* ... shrugs ...