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Getty Images Letter Forum / Getty sends out the lawyers?
« on: October 11, 2011, 05:34:48 PM »
I've been following this website for a couple of years. - Thanks for all the great information.
A client who I built a website for in 2007 has just received an ominous threatening letter from McCormack Intellectual Property Law, of Seattle this week. I’ve never heard of this group. Anyone have any experience?
The letter states that they have been retained as legal counsel for Getty Images and that Getty had tried several times in 2009 to find a settlement to no avail. The letter has a case number and reference number and demand amount for $3950. The 13-page letter goes on to state the company is liable even if others are liable, threatens damages up to $150k, and even requests for direct help in the investigation of the “illegal” use of the images to determine possible resolutions. It goes on and on. The last two demands are:
1. Instructions for Immediate Settlement for $3950 (expires three weeks after date of letter) check/CC paid to McCormack
2. An official looking affidavit of additional information
Back in 2009 we removed the 2 images in question (secondary pages) and I reviewed the website’s other images, to insure proper licensing was in place. All but those two had been purchased/licensed through istock or had been taken by the client. I'm still do not know how I ended up using those two unlicensed images - they were so similar to ones I had purchased and rather unremarkable.
Right now, obviously my client is panicked and doesn't want to involve lawyers and is scared his company could be sued for hundreds of thousands of dollars. He wants to settle this immediately splitting the cost of the demand ($3950) with me.
Appreciate any insight or thoughts you all might have.
A client who I built a website for in 2007 has just received an ominous threatening letter from McCormack Intellectual Property Law, of Seattle this week. I’ve never heard of this group. Anyone have any experience?
The letter states that they have been retained as legal counsel for Getty Images and that Getty had tried several times in 2009 to find a settlement to no avail. The letter has a case number and reference number and demand amount for $3950. The 13-page letter goes on to state the company is liable even if others are liable, threatens damages up to $150k, and even requests for direct help in the investigation of the “illegal” use of the images to determine possible resolutions. It goes on and on. The last two demands are:
1. Instructions for Immediate Settlement for $3950 (expires three weeks after date of letter) check/CC paid to McCormack
2. An official looking affidavit of additional information
Back in 2009 we removed the 2 images in question (secondary pages) and I reviewed the website’s other images, to insure proper licensing was in place. All but those two had been purchased/licensed through istock or had been taken by the client. I'm still do not know how I ended up using those two unlicensed images - they were so similar to ones I had purchased and rather unremarkable.
Right now, obviously my client is panicked and doesn't want to involve lawyers and is scared his company could be sued for hundreds of thousands of dollars. He wants to settle this immediately splitting the cost of the demand ($3950) with me.
Appreciate any insight or thoughts you all might have.