Messages

16

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: December 10, 2012, 11:35:00 PM »

Funny, After reading the new posts I just looked up the photographer name on the US Copyright Office website and there are no photo registrations under his name!! I should add that I had also removed the image off of our website after the initial notice but didn't make Getty aware of this in my communications. (a bad thing??)
All of this combined with the fact that the image in question was legally purchased in 2002 from a firm likely bought later by Getty (though we are unable to find the paperwork), we're hopeful they will now be quiet. Stay tuned.....

17

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: December 10, 2012, 05:24:47 PM »

To my friends in the struggle, your timely and solid advice are invaluable and I thank you - this is really helpful! I'll wait and see what their next move is before I have to respond and will keep you and the forum updated.
-Tony

18

Getty Images Letter Forum / Getty Settlement Purposes Only Letter - 3rd Letter

« on: December 10, 2012, 01:42:32 PM »

After receiving two letters from Getty threatening payment for a single image I subsequently removed from our website, I sent them a certified receipt letter asking for - proof of registration, signed paperwork from the artist transferring copyright, sales records associated with the image and date of alleged infringement. They provided none of the above.

Here's their latest response which arrived today via FedEx to the issue of registration:
"Copyright exists the moment a photograph is created and copyright registration is not a requirement of copyright ownership. Getty has contracts with contributing photographers who are the copyright holders. The contributor agreement contains representations and warranties that the contributor is the sole copyright owner. Consequently Getty does not require contributors to provide Getty with certificates of registration and leaves the option of copyright registration to the individual photographer. Due to confidentiality concerns, Getty would not provide copies of our contributor contracts at this stage of claim.
Under the USCA, actual damages are recoverable regardless of registration. Getty is currently only requesting actual damages in settlement of this matter. Therefore, copyright registrations are irrelevant at this stage".

What the heck is the USCA? And how does much of what they say square with the many posts on this wonderful site? It sounds as if they believe the issue of registration is not important. Any suggestions of how to proceed???