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Getty Images Letter Forum / Class Action?
« on: April 06, 2011, 01:20:12 PM »
Hi,
I just registered, so I hope my posting is not premature.
Thanks to Matthew and Oscar for this website.
In January 2011, I received the "letter." I was embarrassed, offered apologies for inadvertent use of the single "unmarked" image, and removed the image from my website. I figured out the cost of the Getty image to cover the 3 years of inadvertent use, and counter-offered $250 (more than actual cost) to Getty's $875 "settlement" demand.
I subsequently signed up with Shutterstock to use a similar image-- cost for use of that image was about $8 per year. Of course, this made me feel foolish for offering the $250.
I received an email back indicating no negotiation would be possible, and now in April, I have just received their follow up threat of litigation implying I could be at risk for even greater "damages" if I do not comply.
FIRST QUESTION: I have been researching whether this could be a veiled threat that I might be exposed to Getty's "attorney fees" even if a jury awarded just $25. I am thinking that this must be part of their strategy of extortion. Any thoughts?
I live in Seattle literally just blocks away from Getty Images. I am disturbed that Getty appears to have two businesses. The first business appears to legitimately licensing images for royalty. The second business appears to be a weird type of entrapment/harassment/extortion enterprise. I think this is a business model. For images such as the one in my situation, I somehow doubt that Getty makes much money from its legitimate business, and hopes to make money in the second business.
SECOND QUESTION: There are obviously thousands, if not tens of thousands, who have been harassed by this extortion campaign. Is it possible to arrange a mass tort harassment lawsuit? Is it possible to demand that Getty turn over its list of those receiving its "letter" and organize the group into a class action? Is there a way to compel Getty to demonstrate the way it computes "damages"? My thought is that unless we, as thousands of victims of this extortion, do not fight back as a group, Getty will be able to continue being the 800 pound gorilla in the room. If we can mount a group response, I would think we could be more successful. Any thoughts?
Alan Cohen, Seattle
I just registered, so I hope my posting is not premature.
Thanks to Matthew and Oscar for this website.
In January 2011, I received the "letter." I was embarrassed, offered apologies for inadvertent use of the single "unmarked" image, and removed the image from my website. I figured out the cost of the Getty image to cover the 3 years of inadvertent use, and counter-offered $250 (more than actual cost) to Getty's $875 "settlement" demand.
I subsequently signed up with Shutterstock to use a similar image-- cost for use of that image was about $8 per year. Of course, this made me feel foolish for offering the $250.
I received an email back indicating no negotiation would be possible, and now in April, I have just received their follow up threat of litigation implying I could be at risk for even greater "damages" if I do not comply.
FIRST QUESTION: I have been researching whether this could be a veiled threat that I might be exposed to Getty's "attorney fees" even if a jury awarded just $25. I am thinking that this must be part of their strategy of extortion. Any thoughts?
I live in Seattle literally just blocks away from Getty Images. I am disturbed that Getty appears to have two businesses. The first business appears to legitimately licensing images for royalty. The second business appears to be a weird type of entrapment/harassment/extortion enterprise. I think this is a business model. For images such as the one in my situation, I somehow doubt that Getty makes much money from its legitimate business, and hopes to make money in the second business.
SECOND QUESTION: There are obviously thousands, if not tens of thousands, who have been harassed by this extortion campaign. Is it possible to arrange a mass tort harassment lawsuit? Is it possible to demand that Getty turn over its list of those receiving its "letter" and organize the group into a class action? Is there a way to compel Getty to demonstrate the way it computes "damages"? My thought is that unless we, as thousands of victims of this extortion, do not fight back as a group, Getty will be able to continue being the 800 pound gorilla in the room. If we can mount a group response, I would think we could be more successful. Any thoughts?
Alan Cohen, Seattle