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Getty Images Letter Forum / Think this letter will stop their harassment?
« on: May 03, 2012, 02:42:46 PM »
or at least make some valid points?
on another note, it may not matter if this letter works, but she said they were seeking actual damages, according to copyright law.
§ 504. Remedies for infringement: Damages and profits
(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
My site was not a registered company, I made no money, I have no records, and they have no way to show any actual damages. It was a hobby site. I would point this out to them but I am not sure if at this point it is necessary.
Quote
Dear Mrs. Kingston,
This and all previous communications are not an admission of guilt, however, I am obligated to defend myself accordingly.
According to US Copyright law, infringement in section (b) is defined below.
§ 501. Infringement of copyright
(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.
The key phrase is this "any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright". You have yet to show me an official record of the Copyright holder for the images in question, so I took it upon myself to search the US Copyright Departments Public database and found the following results.
Getty Images - http://bit.ly/JhcVDV
Paul Conrath (Photographer) - http://bit.ly/IZ18Lc
Tristan Paviot (Photographer) - http://bit.ly/KYKIFK
As show in the Copyright Office search above, neither you or the photographer have any claim to a copyright on the referenced images. According to US Copyright Law, with no legal copyright to the image, you have no legal basis to file suit or seek damages.
This will be my final communication to you in this matter. I request a signed letter from your firm that you will no longer be pursuing this matter. Any further attempt to reach me on this matter beyond this requested letter shall be considered harassment and I will be forced to exercise my valid legal options.
Regards,
Andrew
on another note, it may not matter if this letter works, but she said they were seeking actual damages, according to copyright law.
§ 504. Remedies for infringement: Damages and profits
(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
My site was not a registered company, I made no money, I have no records, and they have no way to show any actual damages. It was a hobby site. I would point this out to them but I am not sure if at this point it is necessary.