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Getty Images Letter Forum / Strange third letter from Getty, community input requested.
« on: April 22, 2011, 11:39:32 PM »
First, many thanks to the website creators. We have studied the information here and it helped us greatly in writing a response to initial Getty letter, but now we received something that we think was never mentioned here and we would like to share it with the community.
Here is the full story. We have received the first Getty Letter about a month ago. Copyright infringement for one image was alleged, plus unspecified enforcement/collection costs, and the settlement claim was for $600. We have immediately removed the image, apologized and requested proof of copyright/registration/licence agreement to represent the copyright owner/breakdown of collection costs vs actual damages claimed. The second letter basically declared that the image in question is licensed exclusively by Getty Images and restated the same claim, without providing any proof or documentation requested. In response, we sent another letter describing my position that any monetary claim by any party has to be substantiated with some proof and requested again to furnish documentation substantiating the claim and the amount. This all has happenned within two weeks, with their letters arriving by FedEx almost immediately or so it feels. Now the third letter we have just received is very weird. It is just one short paragraph. Here is the exact wording:
"In response, the requested articles - such as proof, registrations, representation, and pricing will be furnished only when compelled by the court through the course of discovery. To provide this information beforehand would take additional time as well as additional costs. Our settlements are set up to quickly close unauthorized use cases. If cases were to go to legal proceedings, our represented photographers would have registrations prior to filing.
Our position in this case remains unchanged. We will advice the next steps."
We would love to get your opinions on what it really means. Does it mean they are preparing to sue us? What happens if they present the proof of damages only during litigation - this would leave us 0 chance to respond adequately in our defense. How could you possibly prove in court of law that your damages including enforcement/collection costs are exactly $600? And how can one claim damages by registering the image prior to litigation but AFTER the alleged copyright infringement? Most importantly, how do you suggest we should respond to this letter?
Here is the full story. We have received the first Getty Letter about a month ago. Copyright infringement for one image was alleged, plus unspecified enforcement/collection costs, and the settlement claim was for $600. We have immediately removed the image, apologized and requested proof of copyright/registration/licence agreement to represent the copyright owner/breakdown of collection costs vs actual damages claimed. The second letter basically declared that the image in question is licensed exclusively by Getty Images and restated the same claim, without providing any proof or documentation requested. In response, we sent another letter describing my position that any monetary claim by any party has to be substantiated with some proof and requested again to furnish documentation substantiating the claim and the amount. This all has happenned within two weeks, with their letters arriving by FedEx almost immediately or so it feels. Now the third letter we have just received is very weird. It is just one short paragraph. Here is the exact wording:
"In response, the requested articles - such as proof, registrations, representation, and pricing will be furnished only when compelled by the court through the course of discovery. To provide this information beforehand would take additional time as well as additional costs. Our settlements are set up to quickly close unauthorized use cases. If cases were to go to legal proceedings, our represented photographers would have registrations prior to filing.
Our position in this case remains unchanged. We will advice the next steps."
We would love to get your opinions on what it really means. Does it mean they are preparing to sue us? What happens if they present the proof of damages only during litigation - this would leave us 0 chance to respond adequately in our defense. How could you possibly prove in court of law that your damages including enforcement/collection costs are exactly $600? And how can one claim damages by registering the image prior to litigation but AFTER the alleged copyright infringement? Most importantly, how do you suggest we should respond to this letter?