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Getty Images Letter Forum / Unauthorized Use of Science Photo Library Ltd Image(s)
« on: December 12, 2014, 02:57:32 PM »
Earlier this week I received a classic demand letter regarding one of the images on my website. (See below with unique info hidden.)
I have removed the image and started doing some investigating. The image in question is available through Science Photo Library here: http://www.sciencephoto.com/media/303436/view as well as through iStockphoto ($33) here: http://www.istockphoto.com/vector/human-body-antique-medical-illustration-8567148?st=29b6193. The version that Science Photo Library has is on an orange rectangle where mine was on a purple rounded cornered square. I am quite sure originally when I used this I had a license for it from iStock. I've been back and forth with the people at LCS sending my receipt from iStock and explaining that I have a license and that the image is not an exact match because of the background to which they've replied:
====
Infringement arises if the whole of the image has been copied or a substantial part of the image has been copied. Any use of a manipulated file or derivative work (eg. cropping, color changes, layering, rotating, etc) without the appropriate licenses constitutes copyright infringement. While your company has been utilizing a modified version of the imagery in question, we believe a substantial part of our original image has been copied.
Please advise on how you will take care of the settlement fee.
Matthew J. Adams
License Compliance Services, Science Photo Library Ltd
P: 1.855.387.8725 E: [email protected]
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
====
I'm going to consult a copyright lawyer but this seems like it's not defensible on their end.
A. The image is available elsewhere and I have purchased it.
B. The image is a vintage illustration. (Note their site also has works by Divinci)
C. My image doesn't match the image they have posted because I'm using a different background.
How can they get away with this? What do I do next?
===original letter=====
License Compliance Services, Science Photo Library Ltd.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
08-Dec-2014
Dear XXXXX,
It has come to the attention of Science Photo Library Ltd that an image or image(s) represented by Science Photo Library Ltd are being used or have been used online by your company. According to our records there is no valid license issued to your company for the use of the image(s).
To view the image(s) in question together with the usage(s) found on your company’s website, go to: https://lcs.sciencephoto.com/XXXXX
Using a Science Photo Library Ltd image without a valid license is considered copyright infringement and in violation of the Copyright Act, Title 17, United States Code, entitling Science Photo Library Ltd to seek compensation for infringing uses. Science Photo Library Ltd is committed to protect the interests, intellectual property and livelihoods of the contributors with whom we work.
To resolve this matter (Case Ref: XXXX):
_____________________________________________________________
If a valid license has been issued for the image(s) in question:
Please email the license purchase information to [email protected] within 10 business days of the date of this letter.
If a valid license proof cannot be found:
Please cease using the image(s) in question immediately.
In addition, a $660.00 settlement payment should be received within 10 business days of the date of this letter. The payment options are detailed below. Ceasing use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
Remittance Payment Options (settlement fee: $660.00)
_____________________________________________________________
You can remit your payment online at:
https://lcs.sciencephoto.com/XXXXX
Remit Check Payment To:
License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
Please include Reference Number XXXX with check payment.
Alternatively, you may contact us at +1 855 387 8725.
We believe that prompt cooperation will benefit all concerned parties.
If you would like to continue to use the image(s) in question, or if you believe you have mistakenly received this letter, please contact us by email at [email protected], or call +1 855 387 8725 and we will assist you.
This letter is without prejudice to Science Photo Library Ltd’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services, Science Photo Library Ltd.
[email protected]
I have removed the image and started doing some investigating. The image in question is available through Science Photo Library here: http://www.sciencephoto.com/media/303436/view as well as through iStockphoto ($33) here: http://www.istockphoto.com/vector/human-body-antique-medical-illustration-8567148?st=29b6193. The version that Science Photo Library has is on an orange rectangle where mine was on a purple rounded cornered square. I am quite sure originally when I used this I had a license for it from iStock. I've been back and forth with the people at LCS sending my receipt from iStock and explaining that I have a license and that the image is not an exact match because of the background to which they've replied:
====
Infringement arises if the whole of the image has been copied or a substantial part of the image has been copied. Any use of a manipulated file or derivative work (eg. cropping, color changes, layering, rotating, etc) without the appropriate licenses constitutes copyright infringement. While your company has been utilizing a modified version of the imagery in question, we believe a substantial part of our original image has been copied.
Please advise on how you will take care of the settlement fee.
Matthew J. Adams
License Compliance Services, Science Photo Library Ltd
P: 1.855.387.8725 E: [email protected]
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
====
I'm going to consult a copyright lawyer but this seems like it's not defensible on their end.
A. The image is available elsewhere and I have purchased it.
B. The image is a vintage illustration. (Note their site also has works by Divinci)
C. My image doesn't match the image they have posted because I'm using a different background.
How can they get away with this? What do I do next?
===original letter=====
License Compliance Services, Science Photo Library Ltd.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
08-Dec-2014
Dear XXXXX,
It has come to the attention of Science Photo Library Ltd that an image or image(s) represented by Science Photo Library Ltd are being used or have been used online by your company. According to our records there is no valid license issued to your company for the use of the image(s).
To view the image(s) in question together with the usage(s) found on your company’s website, go to: https://lcs.sciencephoto.com/XXXXX
Using a Science Photo Library Ltd image without a valid license is considered copyright infringement and in violation of the Copyright Act, Title 17, United States Code, entitling Science Photo Library Ltd to seek compensation for infringing uses. Science Photo Library Ltd is committed to protect the interests, intellectual property and livelihoods of the contributors with whom we work.
To resolve this matter (Case Ref: XXXX):
_____________________________________________________________
If a valid license has been issued for the image(s) in question:
Please email the license purchase information to [email protected] within 10 business days of the date of this letter.
If a valid license proof cannot be found:
Please cease using the image(s) in question immediately.
In addition, a $660.00 settlement payment should be received within 10 business days of the date of this letter. The payment options are detailed below. Ceasing use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
Remittance Payment Options (settlement fee: $660.00)
_____________________________________________________________
You can remit your payment online at:
https://lcs.sciencephoto.com/XXXXX
Remit Check Payment To:
License Compliance Services
Picscout Inc.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
Please include Reference Number XXXX with check payment.
Alternatively, you may contact us at +1 855 387 8725.
We believe that prompt cooperation will benefit all concerned parties.
If you would like to continue to use the image(s) in question, or if you believe you have mistakenly received this letter, please contact us by email at [email protected], or call +1 855 387 8725 and we will assist you.
This letter is without prejudice to Science Photo Library Ltd’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services, Science Photo Library Ltd.
[email protected]