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Getty Images Letter Forum / Re: Roll the Dice? - Is Getty likely to win an award GREATER than initial demand?

« on: March 28, 2012, 08:54:56 AM »

#1: Wouldn't this be considered a matter for "Small Claims" Court (<$5k) in most US jurisdications? If so,Small Claims Court usually does not award legal fees to the plantiff.


#2:  If a court ultimately chooses to reduce the settlement amount Getty is seeking (to a more reasonable 'fair market value'), would the courts likely be willing to grant addtional legal fee to the plantiff in excess of the original demand letter?

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Getty Images Letter Forum / Roll the Dice? - Is Getty likely to win an award GREATER than initial demand?

« on: March 27, 2012, 10:23:07 AM »

REALLY? - Is Getty really able to sue (and win) for damages beyond what they 'initially' claim in their demand letter?   If courts are more likely than not to 'reduce' the claim for unintentional use, then wouldn't it be a better strategy to just let that scenario play out?

In our case, Getty is demanding payment in the amount of $780 for use of a single image on a secondary web page on a commercial web site.   Getty threatens that not paying could lead to substantially greater damages, unless we settle immediately.

What if we were to ignore their demands AND Getty actually did pursue this in court. (unlikely scenario at best considering the $ amount)

Q: Is it possible or likely that Getty could obtain a judgement in excess of the original demand amount?  ($780 in our case).

AND if not:  why not just roll the dice?

Let's assume this case does go to court, AND Getty does in fact win a judgment.  How much 'more' are the courts likely to award Getty in excess of the amount they initially stated in their original demand letter? 


(as suggested in other posts, the more likely scenario is the court would reduce the judgment to what the court determines to be a fair market value.  Is it likely that the courts would award Getty punitive damages for an 'unintentional use' and win?

It seems in this scenario regarding the limited dollar amount, it might be best to just call their bluff. i.e., Roll the Dice!


Is this a good Vegas bet???