Show Posts
1
Getty Images Letter Forum / Re: GI Letter and 30 day preview agreement
« on: May 17, 2012, 02:41:21 PM »
So I received a response from Getty and in their response they seem to have some boiler plate responses... anyone have any comments on how they handled these?
Please understand that, as exclusive licensor of the images in question, Getty Images is seeking compensation for the unauthorized usage of our represented photographers work. Getty Images’ responsibility to its represented photographers is not only to appropriately license the use of their images to its customers, but to also protect its represented photographer’s intellectual property from unauthorized use and to maintain the exclusive availability of the image through Getty Images.
Below are excerpts from their response:
With respect to your comment requesting that we provide proof of Getty Image’s right to manage the images; while this request would seem to be redundant because you have already apparently read the terms and conditions associated with the use of our represented photographers’ work; the author of a work has the right to transfer his exclusive rights to another party. 17 U.S.C. §101. Those exclusive rights include the ability to license the material, grant permission for its, use and the ability to make and defend claims. 17 U.S.C. §106, 106A. The authors of these images are the photographers. Getty Images contractually represents the photographers who created these images. This representation includes the privilege to license their intellectual property and the obligation to protect it from unauthorized use. Due to confidentiality concerns, we cannot provide you with copies of our contributor contracts, nor are we required to provide them prior to formal discovery requests.
Getty Images does not require its represented photographers to register their works with the US Copyright Office. Copyright exists upon the moment of creation. Registration is not a requirement of copyright law and only an issue at the time a lawsuit is filed or if statutory damages are being sought. Getty Images is currently attempting to resolve this matter without litigation and is not seeking statutory damages. Accordingly, the registration certificate is irrelevant at this time. The fact remains that the imagery was in use without the proper license and Getty Images continues to seek compensation for the prior unauthorized use. Please find enclosed a watermarked copy of the imagery as evidence of our rights in the same. Therefore, when copyright infringement occurs, Getty Images is entitled to compensation. We are aware of our obligations under the law and civil procedure requirements in filing formal proceedings. Assuming arguendo, registrations are not in place, which is not admitted, nothing prohibits us from obtaining an expedited registration prior to filing suit.
Please understand that, as exclusive licensor of the images in question, Getty Images is seeking compensation for the unauthorized usage of our represented photographers work. Getty Images’ responsibility to its represented photographers is not only to appropriately license the use of their images to its customers, but to also protect its represented photographer’s intellectual property from unauthorized use and to maintain the exclusive availability of the image through Getty Images.
Below are excerpts from their response:
With respect to your comment requesting that we provide proof of Getty Image’s right to manage the images; while this request would seem to be redundant because you have already apparently read the terms and conditions associated with the use of our represented photographers’ work; the author of a work has the right to transfer his exclusive rights to another party. 17 U.S.C. §101. Those exclusive rights include the ability to license the material, grant permission for its, use and the ability to make and defend claims. 17 U.S.C. §106, 106A. The authors of these images are the photographers. Getty Images contractually represents the photographers who created these images. This representation includes the privilege to license their intellectual property and the obligation to protect it from unauthorized use. Due to confidentiality concerns, we cannot provide you with copies of our contributor contracts, nor are we required to provide them prior to formal discovery requests.
Getty Images does not require its represented photographers to register their works with the US Copyright Office. Copyright exists upon the moment of creation. Registration is not a requirement of copyright law and only an issue at the time a lawsuit is filed or if statutory damages are being sought. Getty Images is currently attempting to resolve this matter without litigation and is not seeking statutory damages. Accordingly, the registration certificate is irrelevant at this time. The fact remains that the imagery was in use without the proper license and Getty Images continues to seek compensation for the prior unauthorized use. Please find enclosed a watermarked copy of the imagery as evidence of our rights in the same. Therefore, when copyright infringement occurs, Getty Images is entitled to compensation. We are aware of our obligations under the law and civil procedure requirements in filing formal proceedings. Assuming arguendo, registrations are not in place, which is not admitted, nothing prohibits us from obtaining an expedited registration prior to filing suit.