Messages

1

Getty Images Letter Forum / Re: Masterfile Corporation

« on: March 24, 2010, 01:14:44 PM »

Oscar, thank you for the reply.  We did actually settle it and I believe they are really trying to do the right thing for the artists they said they made a promise to that they will protect their work.  That said, I think the laws should be somewhat updated to allow a user a grace period to remove the image first.  I had a few conversation with the person I dealt with and I think he was quite reasonable.  I am not sure if this is what everyone wants to hear but try and see it from their side.  If you had your work used without your knowledge how would you feel?  Then and only then make the case with you on the other side.  Just try and imagine that.  I made a mistake and while it was an honest mistake it was one nonetheless. Now I say all this with the assumption that the image was not purchased and maybe just the records lost of the purchase or in some of the cases described above where the firms selling the images went out of business and so now these firms are going after people hoping they have no proof from images acquired years earlier.  But that said, I think they have a point.  People need to be careful to use images they are not sure where they came from.  Am I happy I am out some money?  Of course I am not but if I were on the other side I would not be happy either.

Thanks again.

2

Getty Images Letter Forum / Re: Masterfile Corporation

« on: March 12, 2010, 01:05:41 PM »

I was contacted by this firm as well indicating I had a pic on my web site that was being used without an agreement.   I was totally unaware of the use of the pic on my site as being or belonging to someone.  In fact I used a third party to design my site and for all I know we purchased the pic several years ago.  But that said, we only put it on the site in November of 2009.
 
Just tell me your thoughts. They are trying to get $3,000 from me.  They offered to settle for $1,200.  If I did something wrong I do not mind paying but I am not even sure I did and in some cases where a person was unaware of the infringement a judge will award $200 max per infringement which in my case I was unaware.  Now they also recently asked me to provide them proof it was in fact placed on the site in Nov of 09' and that may have an effect on the settlement.  They are charging me for one year.  Don't they have to prove that amount of time?  Is there any type of limit to the time you have a pic on where the court might say "four months, for get it", is there?  I am thinking that sending them anything acknowledging the use of the pic could be used against me and I should only produce such evidence when needed and if needed in a court.  Also, I have several clients/associates that would attest to the fact that the pic was not there prior to November, 09'.

Please advise.