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Getty Images Letter Forum / Another Getty Letter Story

« on: August 08, 2014, 10:16:49 AM »

Our friends have a very small business and yes are incorporated with a registered agent - as is required by their state. They received the Getty letter on a single image and took it off the site. Their teenage son helped build the site years ago - and said he only used "free images"  and they honestly don't recall how that image got there and as it was in the frame of the site could even have been an image included in Sitebuilder - who Parallels has admitted they had a problem with some of their older templates - of which they had one from their website host provider. http://forum.parallels.com/showthread.php?261320-Getty-Images-Copyright-Infringement-Notice-from-SiteBuilder-Image 

http://kb.parallels.com/en/116513

They spoke to parallels who said all website providers received notices to discontinue these older templates but the host says they received nothing and know nothing on this.
The host says they are willing to send it to their legal department if our friends want them to (and presumably go after Parallels to make it right but that wasn't spelled out).  Both Parallels (customer service)and the host said they don't keep copies of such old templates nor the pics in them. However, if they do keep copies of the licenses from that time and the pic was not in the original template maybe that will be worse than ignoring Getty by getting the host legal department involved?

Our friends received one letter but did not answer it over a year ago. A few other letters came to the office where their mailbox is but it was addressed to a person or "department" they don't have and sent back unopened. They haven't heard anything in about a year and are unsure of what to do. Yes they read every post  and suggestion on here and know the options. LOL.

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Getty Images Letter Forum / Latest on Getty Single Image Lawsuits?

« on: April 30, 2014, 10:58:21 AM »

Thank you for all the great information! I posted this earlier in another section but no response so moved it here. The single image lawsuits I think are the most troubling development and was hoping to get some answers or thoughts.

I was wondering if any answers were filed in response to the complaints yet? If so can someone with access please post them? What is the latest going on with these filed cases?

Does anyone know how many demand letters GI sends to small businesses as opposed to non profits or blogs per year?

I was wondering why Getty is starting primarily with the 11th circuit to file suits?

I thought it interesting that Getty did not seem to even know that Oscar was representing their target when they filed suit. It is also troubling they sent no letters other than the one initial letter 2 years prior to filing the suit. What do you all make of that?

Also do you think now they will purposely go after Oscar's clients or is it still a good idea to retain him if one has received GI letters?

This turn of events is very disturbing as it seems to portend that small businesses that are incorporated with one image "infringement" will be targeted for lawsuits. For one because Getty knows they can't represent themselves and would have to spend money on an attorney. Secondly, it seems that most attorneys would advise a "reasonable settlement" as opposed to fighting in court over one image and I recall Oscar commenting briefly that these cases would not be well received in Federal Courts  if the defendant makes a fair offer to Getty. I surmise the "fair offer" would be much higher than the initial demand or lowest demand. So if this is going to be their trend shouldn't most incorporated businesses settle with them asap after receiving a letter (if they don't have an iron clad defense)? 

Even if the biz was an innocent infringer (for eg didn't realize it was copyrighted and took it down after receiving the first letter) but regardless of the reason had their unpaid image on a commercial webpage it seems like a lawsuit over a single image is a win win for Getty as certainly the majority will settle. I am hoping that isn't the case and it's still just a scare tactic and they won't now be systematically filing suit on every small business that received a letter. Thoughts?