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Getty Images extortion letter
Copyrights
IBPA, Independent Book Publishers Association Turns Blind Eye to Getty Images Settlement Demand Letter
July 8, 2008 Matthew Chan
"I have been in contact twice with Terry Nathan, Executive Director of IBPA, Independent Book Publishers Association regarding the Getty Images Settlement Demand Letter. As a disclaimer, my publishing firm (Ascend Beyond Publishing) is a...]"
Copyrights
My Getty Images Settlement Demand Letter
June 17, 2008 Matthew Chan
"This post was first published on the MatthewChan.com website. =========
Today, I received a Getty Images Settlement Demand Letter basically trying to extort from me a payment of $1,300 for a bird image that was...]"
IBPA, Independent Book Publishers Association Turns Blind Eye to Getty Images Settlement Demand Letter
July 8. 2008 Matthew Chan Copyrights, Getty Images, Legal Affairs
"Because of this membership profile, I felt it was highly likely someone in its membership would one day receive a Getty Images Settlement Demand Letter like I did. Most people receiving this letter uninformed and unwarned, would be intimidated by this letter. "
My Getty Images Settlement Demand Letter
June 17. 2008 Matthew Chan Copyrights, Getty Images, Legal Affairs
"Today, I received a Getty Images Settlement Demand Letter basically trying to extort from me a payment of $1,300 for a bird image that was used on theintrepidway.com website. If I pay that amount, basically they agree not to sue me or my company. However, suing and winning are two entirely different issues. "
"Unsuspecting U.S. website owners who want to improve the appear of their websites buy these web templates and graphics and use them on their websites. However, months and years later, Getty Images sends this very nasty and threatening letter out essentially holding you fully responsible even if someone else did the crime. I understand that employers are held responsible for many issues, however, what comes is on the verge of insanity and certainly not even close to reasonable.
If you are legally uninformed, I will tell you, it is a very intimidating letter unless yOU think this through carefully. After I calmed down, I took the time to do a Google and Yahoo search on "Getty Images Settlement Demand Letter". I think if you do the same, you will get a very interesting education. It is actually devious because Getty Images do not do anyone the courtesy of a Cease and Desist Letter. Basically, let people know that they did the wrong thing and allow them to correct the situation before you get nasty.
However, in one mailing, they ask you to remove all the infringing images AND ask you to pay this extortionistic amount so they won't sue you. What a great scam. Start sending letters to anyone who made a mistake to correct the mistake but also demand a huge cash payment while you are at it in exchange for you to NOT sue them. What a great way to make money. Why bother going to court when you can simply instill the fear of a lawsuit into people?"
"I felt the need to post this warning message to warn others. There are many, many angry people who have received similar letters from Getty's Images. I suspect they will want one more web source to consult and discuss this situation."
Matthew Chan
October 1, 2008 at 1 :59 pm
"You can read about the actions I took at http://extortionletterinfo.com. lt has detailed reports and information for anyone who received a Getty Images Letter."
Welcome to ExtortionLetterlnfo.com (ELI) Mission Statement
"ExtortionLetterlnfo.com (ELI) is dedicated to reporting information and providing commentary on Getty Images (and other stock photo) Settlement Demand Letters. ELI is a privately-owned and privately-managed website. Every effort is made to provide factual information and professional opinions regarding Getty Images' (and the respective companies) "practice" of issuing "Settlement Letters" that we consider "legalized extortion".
As Lead Contributors of this website, we believe what they are doing is technically legal but ethically and morally questionable. "The Letter" bullies and preys upon the legal ignorance of the letter recipients. This website attempts to discover, report, and comment on the facts in a civil and orderly way. This website also provides assistance in defending unaware and unintended victims of this Letter. "
Why is This Being Called "Legalized Extortion" and an "Extortion Letter Scheme"?
"This is a descriptive and colloquial term for Getty Images' deliberate, malicious, bullying, and presumptuous letter campaign that engages in what is tantamount to legalized extortion. The letter in its entirety is both well-worded and well-constructed. It has been clearly been well thought out. Because of the deliberate construction and planning that goes into this letter campaign, it qualifies as a Scheme.
The Letter automatically presumes guilt of the recipient. The letter recipient is expected to provide proof of their innocence. In effect, the letter recipient is presumed guilty unless they prove their innocence.
Although the letter does provide for the possibility that the letter recipient was unaware and unintended of the alleged infringement, the Letter takes a heavy-handed and unforgiving approach of stating that they are responsible for all alleged "damages and liability". The Letter automatically presumes Getty Images has been "damaged" whether or not that is actually true or proven.
Because this scheme relies heavily on the letter recipients ignorance of due legal process and people's inherent fear of legal conflict as a result of that ignorance, it is considered by many as legalized extortion.
Given the overall assessment of the situation, the term "legalized extortion" was coined to better describe Getty Images very aggressive letter campaign."
How to Get Help With Your Extortion Letter
October 29. 2016 Matthew Chan ELI Premium Support, General
"Since 2008, we've had thousands of readers discover the ELI website and ELI Forums after they have received a Getty Images, Masterfi/e, Corbis, or some other stock photo agency's or photographer's "extortion letter". Over the years, many have attempted to contact us through phone and email asking for help. Early on, we tried to help but eventually there were just too many requests for help and the help being requested overstepped reasonable time boundaries. So, we are unable to provide free one-on-one help. However, we have provided several help and support options. If you get an extortion letter, this is what you need to do:
1. The very first thing you need to do is to CALM DOWN and TAKE A BREATH! Tens of thousands of these extortion letters have gone out over the years. You are far from being alone. Getting an extortion letter from out of the blue is upsetting but not the end of the world. Your credit will not be ruined, you will not have to file for bankruptcy, and (most of the time) you won't be sued. For most people and their Situation, the bark is much worse than the bite.
2. This is one is a no-brainer. You should immediately remove ALL copies of the allegedly infringing images from your web server. Even the "hidden" ones. If it is anywhere on your web server, you are at risk. Also, if you have other images you don't have receipts for or authorization to use, you should remove those as a precautionary measure. If you can get one extortion letter, you get more. And unfortunately, we know plenty of people who have received a few extortion letters."
ELI Phone Support Call with Matthew Chan
October 29, 2016 Matthew Chan ELI Premium Support
"Some of the more notorious copyright extortionists and settlement demand letters I have personally researched, reported, and consulted on include:
Getty Images
Picscout
License Compliance Services (LCS)
Masterfile
Corbis
Vincent K. Tylor / J. Stephen Street
Photo Attorney / Leslie Burns / Carolyn Wright
BWP Media / Sanders Law
Higbee & Associates (Mathew Higbee)
Adlife Marketing & Communications
DeBoer IP
Image Rights International
Woolf, Gafni & Cirlin
Linda Ellis / Linda's Lyrics / John W. Jolin (Dash Poem) ."
Update & Expansion of Attorney Oscar Michelen's Defense Letter Program
October 29, 2016 Matthew Chan ELI Premium Support, General
"One of the ongoing goals of the Defense Letter Program is to efficiently serve many people as cost-effectively as possible. Because of Oscar's extensive experience gained from the last 8 years of representing stock photo extortion letter clients, I am happy to announce, on Oscar's behalf, the Expansion of the no-frills Defense Letter Program to include legal representation against the following extortion letters:
• Getty Images Settlement Demand Letters
• Picscout Settlement Demand Letters
• License Compliance Services (LCS) Settlement Demand Letters
• Masterfile Settlement Demand Letters
• Photo Attorney Settlement Demand Letters
• Superstock Settlement Demand Letters
• Corbis Settlement Demand Letters
• Vincent K. Tylor Settlement Demand Letters
• Hawaiian Art Network Settlement Demand Letters
• Linda's Lyrics (Dash Poem) Settlement Demand Letters
• Sanders Law Settlement Demand Letters
• DeBoer IP Settlement Demand Letters
• Adlife Marketing & Communications Settlement Demand Letters
Image Rights Settlement Demand Letters
• And many others ."
Well done, Dr. Neal Krawetz. I think ELI should reach out to him and offer him some sort of recognition for his efforts. At least a major bit of promotion for his response letter.
I think Getty and their "French" lawyers should also be put under the spotlight.
So... a few updates.
1. I have republished all three of the articles I wrote about Getty.
2. I have scheduled a 30-minute consultation with my attorney Wednesday morning.
3. Dr. Neal Krawetz and I both received French Cease and Desist letters almost the same day. Both letters use large portions of the same exact verbiage. You can read his very thorough and well-written response here:
http://www.hackerfactor.com/blog/index.php?url=archives/747-Cease-and-Desist-from-Getty-Images-in-France.html
So, as you can see from the old dates on this thread, it's been about 9 months since I've heard from LCS. In a nutshell, I received an LCS letter in Nov. 2015 for a single image, responded once asking for lots of add'l detail per these forums, got a flimsy response many weeks later, and then I sent a final response in April 2016 telling them that: 1. they didn't answer my questions, 2. they only responded to me via email (not snail mail as well), 3. their response looked like spam and had several grammatical mistakes, 4. to close my file and that I'd be filing complaints with the BBB and attorney general of WA. To date, I haven't heard bupkus from LCS. Is that long of a delayed response normal from LCS, or is there a chance they closed my file? I haven't clicked on the link to make a payment via the LCS website in fear that they monitor those clicks and perhaps it could trigger a response from them (perhaps that's an overblown fear). Anyone experience a long delay like this? Is clicking on their payment link to see if it still open a big deal? As always, thank you for your wisdom.
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