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Getty Images Letter Forum / A puzzling situation
« on: June 19, 2012, 06:50:17 PM »
I received my Getty letter last month demanding over $10,000. A quick search on "Getty extortion" led me to ELI where a couple days of reading convinced me that I don't have the personality or patience to effectively deal with these people. So it was an easy decision to pay for the ELI Defense Letter Program. No regrets.
But now, after lots of reading here and elsewhere, I find that I'm still not convinced there was any copyright infringement in my case. I'm hoping some discussion here will help me decide whether I can continue to run the website or shut it down.
Here's the situation. My website sells jigsaw puzzles. The manufacturers license the images for use on their puzzles and I receive the images from them or scan the puzzle boxes and display those images so potential customers can see what the puzzles look like when assembled.
The manufacturers I've talked with tell me I'm doing nothing wrong. In fact, the manufacturer of the puzzles with images referenced in my extortion letter says he talked to Getty and was told there was not a problem as long as I show the entire box - which I did in most of the images that they complained about.
I keep reading about the first sale doctrine which convinces me that I have a legal right to sell these puzzles, but then I have to ask if that also gives me the right to display the images on my website.
I have no problem letting the Defense Letter Program take care of the current issue, but I need to understand how to go forward. If Getty is right then most every puzzle would be an infringement. If they're wrong then I need to start working on a response to future extortion letters.
Any thoughts would be most appreciated.
But now, after lots of reading here and elsewhere, I find that I'm still not convinced there was any copyright infringement in my case. I'm hoping some discussion here will help me decide whether I can continue to run the website or shut it down.
Here's the situation. My website sells jigsaw puzzles. The manufacturers license the images for use on their puzzles and I receive the images from them or scan the puzzle boxes and display those images so potential customers can see what the puzzles look like when assembled.
The manufacturers I've talked with tell me I'm doing nothing wrong. In fact, the manufacturer of the puzzles with images referenced in my extortion letter says he talked to Getty and was told there was not a problem as long as I show the entire box - which I did in most of the images that they complained about.
I keep reading about the first sale doctrine which convinces me that I have a legal right to sell these puzzles, but then I have to ask if that also gives me the right to display the images on my website.
I have no problem letting the Defense Letter Program take care of the current issue, but I need to understand how to go forward. If Getty is right then most every puzzle would be an infringement. If they're wrong then I need to start working on a response to future extortion letters.
Any thoughts would be most appreciated.