Messages

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Getty Images Letter Forum / Oscar Was Paid In March ... No Movement On My Case?

« on: June 17, 2011, 09:42:09 AM »

I retained Oscar's services in March of this year just a couple of days after my first letter ... Inside of a week, I found this forum, contacted Oscar, sent in my payment, and figured the issue was resolved. (My infraction was for 1 image that was up less than 60 days ... I offered a $250 settlement to Getty which they refused.)

Since, a second Getty letter has been received and I have tried to reach Oscar for over week now on a couple of issues ... mainly being, why did I receive a 2nd letter after I retained his services 3+ months ago? Did my case get lost in the barrage of cases I'm sure he handles? Did he simply forget? What are my next steps?

I am posting this not to rip into Oscar or complain openly, but merely as another means of trying to have him contact me ASAP on what's being done, if anything ... I feel like the original letter was never sent and I need assurances that this is being handled.

Thanks!

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Getty Images Letter Forum / Re: OK ... A Friend Got "The Letter" from Getty

« on: March 30, 2011, 11:07:22 AM »

These arguments ring familiar with what you read about  the RIAA as well.

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Getty Images Letter Forum / Re: OK ... A Friend Got "The Letter" from Getty

« on: March 30, 2011, 10:18:13 AM »

Definitely not blaming Google, as I understand there's an "assumed risk" in using *ANY* image you get from their search(es), my point was ... badly made ... that they have made it too easy to find images.

Since I don't do website design for a living (although I am in Information Technology) ... or even a side job ... Google is just such a quick and easy way to get some nice images (the others I used were obviously not owned by Getty) when you need something quick.

My mistake. Lesson learned. Turn the page.

What blew my mind was the forward tilted position of Getty when you call them and try to cordially reach a more reasonable settlement.

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Getty Images Letter Forum / Re: OK ... A Friend Got "The Letter" from Getty

« on: March 30, 2011, 09:56:54 AM »

Good advice, but the site is only 4-5 pages TOTAL (1 image/page) and I'm sure they would've already hit me up if if of the other images were theirs.

Plus, the site had only been up < 5 months, so the exposure is *very limited*.

Since yesterday, I have replaced EVERY IMAGE on the site with a picture I took or someone I know took ... Screw the stock photo industry and their tactics. Although it was an innocent mistake (thanks Google!), this was a valuable lesson learned and I'm happy to give Oscar my $150 when Getty took such a hard (and somewhat rude stance) on my settlement offer of $250 (which was quite generous considering the circumstances).

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Getty Images Letter Forum / Re: OK ... A Friend Got "The Letter" from Getty

« on: March 29, 2011, 03:19:08 PM »

Called your office and you were busy ... You should have a couple of e-mails from me regardless.

We can correspond that way unless there's anything we need to discuss via phone. I'm flexible.

Thanks so much ... E-mail will be coming from [email protected].

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Getty Images Letter Forum / Re: OK ... A Friend Got "The Letter" from Getty

« on: March 29, 2011, 01:48:15 PM »

Talked to them on the phone ... They very rudely offered to go down to $510.

What a joke.

Oscar, expect a call very soon.

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Getty Images Letter Forum / Re: OK ... A Friend Got "The Letter" from Getty

« on: March 29, 2011, 12:33:41 PM »

I am willing to go to ~$250 b/c it was an honest mistake, but I wasn't gonna offer that off the bat ... However, I have contacted Oscar to pretty much let him know that if they don't accept my offer, I want to retain his services.

My offer is more than fair ... I'm a little concerned b/c I *do* admit guilt in my letter though ....

But, unless I'm mistaken, it seems Oscar can make this go away for $150. ESPECIALLY when we're talking about (1) image on a minimally visited site that has been up ~5 months.

8

Getty Images Letter Forum / OK ... A Friend Got "The Letter" from Getty

« on: March 29, 2011, 09:32:07 AM »

Site I did free for a friend ... It's his side business and the site A ) gets MINIMAL traffic and B ) has been up less than 5-6 months ...

Here's my response to the letter Getty sent;

"A friend of mine received a letter from your company today demanding a $600 payment for settlement in a copyright infringement. The site listed for infringement was www.champions-for-life.com and since I don’t have the letter in front of me yet, I am unaware of the Case ID or Reference#. When I receive a copy of your letter, I will use those numbers to reference the case … However, I hope the URL is enough to start a dialogue.

First off, thank you for bringing this very important information to our attention.  I am treating your letter with the importance and attention it deserves, as the offending image was immediately removed upon my learning of the receipt of the letter late last night. As the site’s designer (I am not a design firm – nor do I do this for a living – just helping out a friend), please understand that this was a completely innocent mistake as I saw the image on a different site – not watermarked or tagged – via a Google image search and decided to use it because of the assumption that it was public domain. Had I known that there were rights to this image and that it was *not* public domain, I can promise you that it would have never been used. Coincidentally, because of this incident, I changed other images that were grabbed via Google Image Search as well as my intention is not to steal other people’s work. However, please be assured that the alleged infringing file has been removed and will no longer be used in any way.

From what I understand, the initial settlement amount was listed at $600 … I would like to offer a one-time settlement of $200 that would be paid immediately should you decide to work with me on this. I am not in disagreement that the image is/was yours … I actually used your site for the first time early this morning and found the image in question posted, so I am not here to debate ownership. (Please understand that no one affiliated with Champions For Life, LLC had anything to do with the site’s creation. I offered to do the site for free as a favor and no one at Champions For Life, LLC was involved in the design or implementation in any way.)

All this being said, I would like to settle this *quickly* and *amicably* and I hope my actions have proven that … I removed the image IMMEDAITELY upon learning of the letter - this is most assuredly a case of unintentional (and far from willful) infringement – and lastly, it was (1) image on a sub-page of a website that receives minimal traffic and has been online for less than 5 months.

I would love to speak to someone at Getty about this as soon as possible in hopes that we can reach a quick an fair settlement in this matter."

Anyone think they'll settle or is a $150 retainer investment worth it? I figure I'm gonna pay something b/c I think it was a legitimate mistake.

Ideas?!? Help?!? Wait and see what Getty comes back with?!?