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Getty Images Letter Forum / The continuation of my Getty/NCS IP Solutions Saga...
« on: July 12, 2012, 03:50:48 PM »
Hi there,
Just wanted to update you on my on-going saga...And ask for any comments or opinions....
My original post is here --> http://www.extortionletterinfo.com/forum/getty-images-letter-forum/preparation-for-'next-round-of-extortion'/
I responded to NCS IP with a registered letter stating that because there was no order against me, that Getty merely had a 'claim' against me, and because it was only a claim, it was not a debt, and I asked that NCS IP not contact me again.
So, today, I receive this in my email (note when reading the following - I have never emailed them - the only contact I've had with them, is me sending them a registered letter - I've also added a comment in RED).
Thank you for your email. In reviewing the notes I see that Getty Images already advised you that they would not provide the registrations pre trial. The copyright registrations would be available at the time of litigation, these articles would typically be furnished when compelled by the court through the course of discovery, should a matter like this go to legal proceedings. The burden of proof lies with your company to show licensed use of the images in question. Getty Images asserts that their represented photographers own all copyrights related to the images at issue. This image is available for license exclusively on the Getty Images website. Therefore, if Getty Images did not grant a license for use, the unauthorized use is treated as copyright infringement.
While Getty appreciates that you have removed the Getty Images imagery that was used on your commercial website, but that does not close the matter as Getty has a contractual obligation to its artists to obtain license fees in exchange for the use of the image that have been assigned to Getty Images. We also hope that you understand that Getty's artists rely on receiving compensation for the use of their works for their livelihood. The artist who created this image cannot make a living unless they get paid for their work and rampant copyright infringement makes it very difficult for the artists to continue to earn their livelihood from their work.
Notwithstanding the foregoing and in an attempt to settle this matter amicably without the necessity, risk and expense of litigation, Getty Images is willing to settle this matter for Five Hundred Canadian dollars (CAD$525.00) (<--okay, so which is it, $500 or $525??) which is less then the regular fee for licensing the images not too mention Getty has incurred costs such as their external costs in locating the infringement and their internal costs in enforcing our copyright but they are offering the reduced settlement amount as a good faith gesture. I have requested a legal settlement and release document for your review (see attachment) which may address your concerns regarding the right to pursue these infringments.
My only position in this matter is to assist you in a resolution with Getty. After you have had the opportunity to review all of the information that I am providing please advise how you wish to proceed so I can notify Getty and either continue with the setlement or refer the file back.
Has anyone had similar contact with these guys like this? I find it amusing that they thanked me for my email (which I didn't send!) and the fact that they take the time to s-p-e-l-l o-u-t the $500, and then give a different price in brackets.
I'm at the point where I just want to make this go away - am I giving up too easy??
Just wanted to update you on my on-going saga...And ask for any comments or opinions....
My original post is here --> http://www.extortionletterinfo.com/forum/getty-images-letter-forum/preparation-for-'next-round-of-extortion'/
I responded to NCS IP with a registered letter stating that because there was no order against me, that Getty merely had a 'claim' against me, and because it was only a claim, it was not a debt, and I asked that NCS IP not contact me again.
So, today, I receive this in my email (note when reading the following - I have never emailed them - the only contact I've had with them, is me sending them a registered letter - I've also added a comment in RED).
Thank you for your email. In reviewing the notes I see that Getty Images already advised you that they would not provide the registrations pre trial. The copyright registrations would be available at the time of litigation, these articles would typically be furnished when compelled by the court through the course of discovery, should a matter like this go to legal proceedings. The burden of proof lies with your company to show licensed use of the images in question. Getty Images asserts that their represented photographers own all copyrights related to the images at issue. This image is available for license exclusively on the Getty Images website. Therefore, if Getty Images did not grant a license for use, the unauthorized use is treated as copyright infringement.
While Getty appreciates that you have removed the Getty Images imagery that was used on your commercial website, but that does not close the matter as Getty has a contractual obligation to its artists to obtain license fees in exchange for the use of the image that have been assigned to Getty Images. We also hope that you understand that Getty's artists rely on receiving compensation for the use of their works for their livelihood. The artist who created this image cannot make a living unless they get paid for their work and rampant copyright infringement makes it very difficult for the artists to continue to earn their livelihood from their work.
Notwithstanding the foregoing and in an attempt to settle this matter amicably without the necessity, risk and expense of litigation, Getty Images is willing to settle this matter for Five Hundred Canadian dollars (CAD$525.00) (<--okay, so which is it, $500 or $525??) which is less then the regular fee for licensing the images not too mention Getty has incurred costs such as their external costs in locating the infringement and their internal costs in enforcing our copyright but they are offering the reduced settlement amount as a good faith gesture. I have requested a legal settlement and release document for your review (see attachment) which may address your concerns regarding the right to pursue these infringments.
My only position in this matter is to assist you in a resolution with Getty. After you have had the opportunity to review all of the information that I am providing please advise how you wish to proceed so I can notify Getty and either continue with the setlement or refer the file back.
Has anyone had similar contact with these guys like this? I find it amusing that they thanked me for my email (which I didn't send!) and the fact that they take the time to s-p-e-l-l o-u-t the $500, and then give a different price in brackets.
I'm at the point where I just want to make this go away - am I giving up too easy??