Messages

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Getty Images Letter Forum / Re: FWIW: Oddball question / thought ... not sure if it's been discussed here

« on: December 02, 2014, 04:29:39 PM »

You were actually sued... and went to court? If so, how did that turn out? Or were you just threatened before?

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Getty Images Letter Forum / Re: Gallery Stock settlement letter

« on: November 29, 2014, 04:09:16 PM »

I can make an image of it. Should I send it to you privately or would it possibly be a problem if I post it in the forum?

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Getty Images Letter Forum / Re: Gallery Stock settlement letter

« on: November 29, 2014, 03:39:38 PM »

I am preparing my response letter to Gallery Stock. In my first letter to them I requested:
* A clear explanation as to how gallery stock has determined the    valuation of this image as being so far above comparable images.
* Sales data for the image for each size and use. (they are demanding I pay $500 when I found many comparable images for just $5) 
* Proof that gallery stock has the right to manage the image in question.
* Proof of proper copyright registration and the chain of title for the image.
* Please detail your costs incurred related to the pursuit of this case

They responded by telling me "The amount of traffic or revenue for the infringer is immaterial.Sales data and records are confidential and will not be provided. Images do not need or require copyright registration or notice of copyright in order to be protected under the copyright act. A copyright exists automatically from the moment that a photograph is taken. Federal copyright law does not require us to provide anyone with certificates of registration and leaves the option of filing for a federal copyright registration to the individual photographer. Our clients have contracts with contributing photographers who own the copyright of the photographer’s images, and who represent and warrant that they are the sole copyright owners. A rights holders  form has been attached for your reference."

As I mentioned in previous posts, the rights form they provided was not signed by the photographer the image is attributed to. Should I ask for all this information again? To pay them $500 will literally be choosing between paying my mortgage or paying them.

I was going to take advice from one of Troy's other threads to request they provide proof that:

1) The image is properly registered.
2) The have the exclusive rights to the image.
3) The provide a signed agreement showing the owner of the work has given Getty the right to collect monies on behalf of the artist.
4) Show sales for the last 24 months on the image justifying the amount they are requesting

But will I not get the same non answer from them? They haven't offered to lower their demand price or anything. Is it worth throwing in there that I could be a potential customer to them considering I do use images on my site (my own images or ones I get from istock)?

Thanks!!

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Getty Images Letter Forum / Re: Gallery Stock settlement letter

« on: November 24, 2014, 11:08:32 AM »

I've noticed in some of these threads that people recommend not to correspond with these extortionists via email. Why is that?

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Getty Images Letter Forum / Re: Gallery Stock settlement letter

« on: November 20, 2014, 06:10:14 PM »

Hi Greg,

Thank you for replying. I went through their site and they have a lot of his work so I believe they do have the right to his work. Although I am not sure why they provided me with an agreement signed by someone else. Anyway, you think I should still require more proof and then offer them a reduced settlement? You don't think asking them - again - to provide information on how they came to their price is worth it? Thank you for your time.

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Getty Images Letter Forum / Re: Gallery Stock settlement letter

« on: November 20, 2014, 02:35:58 PM »

Hi Stinger,

Thanks for your response. They provided me with an agreement, I assume with the photographer, that states:

I hereby confirm that the exclusive, worldwide right to license and distribute the aforementioned
image(s) has/have been conferred by the respective photographer.
This includes the exclusive rights to pursue all available legal remedies (e.g. cease and desist
demands; information, compensation and reimbursement claims) in respect of any unauthorized use
of the image(s).

As authorized signatory, I can confirm that requisite internal checks have been under taken to verify
the accuracy of the above statement.

It is signed by a Melissa Kelly but the photograph in question is attributed to a Richard Ansett.

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Getty Images Letter Forum / Gallery Stock settlement letter

« on: November 20, 2014, 12:55:48 PM »

Hello.
I received a settlement letter from gallery stock, which is under getti images, demanding $500.00 for a small image used on a blog post over a year and a half ago. I removed the image and did a lot of research before I replied. In my reply I thanked them for the letter, let them know I removed the image and was unaware that it had a copyright to it (inconsequential, I know but still true) included 5 comparable images that ranged from free to $5 for licensing and also included these requests:

*Please provide a clear explanation as to how gallery stock has determined the valuation of this image as being so far above comparable images.
*Sales data for the image for each size and use.   
*Proof that gallery stock has the right to manage the image in question.
*Proof of proper copyright registration and the chain of title for the image.
*Please detail your costs incurred related to the pursuit of this case

They replied with this (in a nut shell):

The amount of traffic or revenue for the infringer is immaterial.
Sales data and records are confidential and will not be provided.
Images do not need or require copyright registration or notice of copyright in order to be protected under the copyright act. A copyright exists automatically from the moment that a photograph is taken.

They still want the full $500.00.

I have 2 questions now, can they just throw out any old amount they want from me without providing how they came to this amount? And is it worth paying the attorneys that run this forum the $195.00 for a letter to be sent to gallery stock? At best, I understand, the letter could end this once and for all, but could there also be smaller settlement reached? If there is a smaller settlement reached, combined the $195 I pay the attorneys, it could be a wash or close to a wash.

So I'm feeling directionless at this point. $500.00 is very devastating to have to part with.

Thanks in advance for any thoughts.