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Getty Images Letter Forum / I don't own a commercial website
« on: July 19, 2013, 10:36:19 AM »
I've looked for information about this but can't find it. I received a getty c/d letter for use of an image on my non-commercial website. A few years ago I started a website based on a character I created (my daughter's guinea pig named Yuki) and wrote and illustrated some books for her about the pet. In an effort to learn web design I created the site and used it for what I describe as a sandbox for learning coding.
To that end, I attempted to learn how to create a shopping cart just to see how it worked using the books as sample "merchandise." They were the only "thing" I could think to use as merchandise as I don't and never have had a business. The site was never promoted and as the books were never published or mass produced (they are strictly handmade) I never sold any.
Since the creation of the site I have only used it as a playground for my own purposes and paid little attention to the areas I made including the "shopping cart." The site evolved into a conglomeration of disassociated topics on which I posted a photo that I took from a website (not Getty) unaware that it is alledgedly owned by Getty.
In June I recieved a c/d letter from Getty with a demand for $875. Apparently because of the bogus shopping cart they perceived my site as a company owned business. The letter is addressed to the "Legal department of Yuki Books." ha!
I immediately removed the offending photo and to avoid further confusion I removed the books page as well; as I said, I am not operating a business. I wrote to Getty using a mailing address I found on the internet explaining this. Yesterday I received another letter (more threatening) demanding payment with no mention of my letter.
Has anyone else had the problem of being misconstrued as a business? Have you had any luck in explaining this to Getty?
Any advice? I don't have any proof that they actually own the photo and although I found it using the number provided on their site (this is not where I got the photo) how do i know they didn't download the photo from the same source I did? And I don't understand their pricing it looks like the use of the photo is $120 if I had purchased. If I assume they actually do own it, how about just sending them $120 and see if they cash my check?
Thanks so much.
To that end, I attempted to learn how to create a shopping cart just to see how it worked using the books as sample "merchandise." They were the only "thing" I could think to use as merchandise as I don't and never have had a business. The site was never promoted and as the books were never published or mass produced (they are strictly handmade) I never sold any.
Since the creation of the site I have only used it as a playground for my own purposes and paid little attention to the areas I made including the "shopping cart." The site evolved into a conglomeration of disassociated topics on which I posted a photo that I took from a website (not Getty) unaware that it is alledgedly owned by Getty.
In June I recieved a c/d letter from Getty with a demand for $875. Apparently because of the bogus shopping cart they perceived my site as a company owned business. The letter is addressed to the "Legal department of Yuki Books." ha!
I immediately removed the offending photo and to avoid further confusion I removed the books page as well; as I said, I am not operating a business. I wrote to Getty using a mailing address I found on the internet explaining this. Yesterday I received another letter (more threatening) demanding payment with no mention of my letter.
Has anyone else had the problem of being misconstrued as a business? Have you had any luck in explaining this to Getty?
Any advice? I don't have any proof that they actually own the photo and although I found it using the number provided on their site (this is not where I got the photo) how do i know they didn't download the photo from the same source I did? And I don't understand their pricing it looks like the use of the photo is $120 if I had purchased. If I assume they actually do own it, how about just sending them $120 and see if they cash my check?
Thanks so much.