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« on: June 29, 2012, 01:24:20 PM »
Hi Ian Wylde,
I was in similar situation as you mentioned above. I replied to SIMONS MUIRHEAD & BURTON (Getty Image's Solicitor) by post.
They sent me reply of my letter by e-mail. They have asked to pay 25% discounted settlement figure which comes out around £2000 + Irish VAT within 14 days.
I outlined in my letter that, I will not be able to engage in any future correspondence unless they prove me the ownership / right to managed the image by provide a copy of agreement. However they stated as follows:
* Getty Images (UK) Ltd. under their "Rights-Managed" licence model, and our client's previous correspondence with you should be taken as confirmation of their exclusive rights to license this content.
* Our client shall not be providing you with precise details of their exclusive licence agreements for the Images as they are confidential between Getty Images and their photographers. In accordance with Patents County Court guidelines there is a default position of non-disclosure of documents until the Case Management Conference level is reached.
* In view of the Civil Procedure Rules, we aim to settle all matters in a cost-effective way that is proportionate to the case in hand. This is in line with the overriding objective set out in Part 1 of the CPR Rules. Should you wish to pursue this matter in court then we will disclose documents as above.
* Getty Images base the settlement amount on the cost to license the Images in addition to other losses to them and to their photographers that flow directly from the breach. The settlement amount due is compensatory and not punitive in nature. Please note that the commercial value of the Images is not open to judgement, and is something Getty Images use their expertise in this field to calculate.
Have you got reply to your letter?
I would appreciate if you or someone in a similar situation or expert share their experience.
Thank you,
Getty Viticm
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