Show Posts
106
Getty Images Letter Forum / Re: Demand Letter Email from LCS Global/Nordic Photos
« on: September 10, 2015, 04:36:14 PM »
I recommend that you google and read up on the Digital Millenium Copyright Act of 1998 - presuming you are in the U.S. If you are located elsewhere, read the appropriate statute there.
I am a lay person, but these guys seem to be doing a really good job of talking around the law. I find that untrustworthy. My understanding is that one and only one entity may own or pursue the copyright of an image. Unless there is a contract turning that ownership of that copyright over to this organization, the copyright rests with the photographer. If they want to take you to court, they WILL need to produce that contract. So why wouldn't they show it to you now? You should ask to see it.
To file suit, I believe they need to register the image. That would be the responsiblity of the owner. You can still be found guilty if the image was not registered at the time you used it, but this is a hoop they must jump through before they can sue you. For an innocent infringement, the court might only award them $200. Costs to file the suit are above this amount. So the odds are, they will not file. They can, however, pester you for 3 years from the time they discovered the infringement. So, if you choose not to pay them, give some thought to how you will deal with their pestering.
My personal experience is that the older I get, the faster three years goes by. Once you stop letting them bother your conscience, they are doing all the work. They also should provide you with a copy of the image's sales history to help prove their damages. You could choose to just offer them $10 as settlement in full - or whatever number you deem appropriate. Or you can just ignore them. That's worked for lots of people here.
Before you decide your strategy, I recommend you spend as much time as you are comfortable with reading up on these guys and their tactics. There is lots of good information in the Getty forum here. Take it in bite size pieces. Don't let it overwhelm you. Nothing has happened. All they are doing is threatening you. You have nothing you must deal with until they file suit - which is highly unlikely for a $600 claim.
Good luck! Share your experiences with others here on this forum. It's a good way to "pay it forward".
I am a lay person, but these guys seem to be doing a really good job of talking around the law. I find that untrustworthy. My understanding is that one and only one entity may own or pursue the copyright of an image. Unless there is a contract turning that ownership of that copyright over to this organization, the copyright rests with the photographer. If they want to take you to court, they WILL need to produce that contract. So why wouldn't they show it to you now? You should ask to see it.
To file suit, I believe they need to register the image. That would be the responsiblity of the owner. You can still be found guilty if the image was not registered at the time you used it, but this is a hoop they must jump through before they can sue you. For an innocent infringement, the court might only award them $200. Costs to file the suit are above this amount. So the odds are, they will not file. They can, however, pester you for 3 years from the time they discovered the infringement. So, if you choose not to pay them, give some thought to how you will deal with their pestering.
My personal experience is that the older I get, the faster three years goes by. Once you stop letting them bother your conscience, they are doing all the work. They also should provide you with a copy of the image's sales history to help prove their damages. You could choose to just offer them $10 as settlement in full - or whatever number you deem appropriate. Or you can just ignore them. That's worked for lots of people here.
Before you decide your strategy, I recommend you spend as much time as you are comfortable with reading up on these guys and their tactics. There is lots of good information in the Getty forum here. Take it in bite size pieces. Don't let it overwhelm you. Nothing has happened. All they are doing is threatening you. You have nothing you must deal with until they file suit - which is highly unlikely for a $600 claim.
Good luck! Share your experiences with others here on this forum. It's a good way to "pay it forward".
