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Getty Images Letter Forum / Re: Getty Images in Canada

« on: April 30, 2013, 05:40:58 PM »

I have been in contact with my website's host to permanently remove the image.

YOu need to get the websit's host to remove the image?  So.... was the image on a server whose content you control? Or does someone else host it and you just hotlinked. This would matter in the US where so far, courts rule hotlinking is not copying under US law. I have no idea what applies in Canada. But if you only hotlinked, that might put you in a much better position.

It wasn't hotlinked, but uploaded.

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Getty Images Letter Forum / Re: Getty Images in Canada

« on: April 30, 2013, 02:57:14 PM »

I have been in contact with my website's host to permanently remove the image. They have experience dealing with Getty as other customers of their services (they are also the web designers) have been issued the same demand letter many times. They purchased photos from a certain company, who was bought out by another company, who was then bought out by Getty. Now, Getty goes after the thousands of clients they have for the images that were uploaded during the design of their clients' websites. They've simply ignored Getty and if anything more comes of it, they have a lawyer on hand to deal with those issues.

Since last year, the host has only used their own photos so the problem has stopped. However, the photo in question was used in the blog section of my site. So, I am the first case the host has heard of where they aren't technically involved in the matter. Their advice is to still ignore Getty as they simply will not pursue the matter over one image and have no jurisdiction in the matter. If I am to contact them in any way, then it opens a whole can of worms.

Needless to say I'm at a crossroads with what to do as I'm getting conflicting advice and neither side is quite sure since there are many grey/blurry lines when dealing with cross-border copyright law.

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Getty Images Letter Forum / Re: Getty Images in Canada

« on: April 30, 2013, 01:32:19 PM »

Hi Everyone,

This is my first post here and instead of creating another topic, I figured I'd jump in on this discussion. I'm in the same situation as a_dezwart. I'm a Canadian and have received a demand letter from Getty Images based in Seattle. The demand letter makes reference to one image. They are requesting payment of $950 for an RM image. The image itself (and the screenshot they took of my website) are not the same. The image I had used (unknowingly) had allegedly been altered from the original image according to Getty.

My website is Canadian and aimed only specifically at GTA (Greater Toronto Area) residents. The servers of my website's host are located in the GTA as well. While I think it is a ridiculous and unethical business model, I am a small business owner and the time it will take me to fight this will cost me more than if I negotiated a reasonable settlement.

From my research on the forum it looks as though some people are suggesting a first step of writing back to Getty to demand proof of copyright ownership while others have deemed that a waste of time since Getty will write back that they will not supply it, so I might as well just skip to offering a one-time settlement and letting them know if they don't accept it and conclude the matter resolved that they should not contact me anymore.

Just wanted to bring more attention to this topic as more and more Canadians it seems will be receiving these letters. Any advice/tips for me, and do I have a strong case seeing as how the images are not even the same?