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Messages - cloVSgetty

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1
Getty Images Letter Forum / Getty/picscout some update
« on: July 18, 2012, 05:23:12 PM »
Some update (maybe useful for other quebec people)

After searching our website, we realize that there is a file name : dev, that was used when the site was build and there it is (the image getty complain about), but this site was hidden.  The purpose was to test it before it went live.  When we decide to go live, we did not then use this image, instead, we bought all images from istockphoto and then put the site on air.  Is it possible that picscout grab the image from the dev file ??  Should we erase this file (dev) ?

Well, as the action we will take, after taking to a lawyer in Montreal, Quebec.  She advised to first write to NCS IP Solution, asking them firmly to stop writing or communicating with us.  There is a law here in Quebec, saying that if you do not have your enterprise on quebec ground or a permit you are not allow to ask for any amount of money.  This letter will also say that we will be in contact only with Getty images and if they do not respect that, it will be consider harassment.

Then to write to Getty Image, with a copy of letter address to NCS IP solution. As for the content, she advise to be polite and less is the better. I am writing this letter which basically give the chronological events, then says that we are very unhappy the way they treat the situation, that we provided the proof they ask for, that instead of replying to us, they send us NCS IP solution.  I also write that I know now that Istockphoto pertain to getty and that we found this is a strange way to treat their customers, that we should not do any other business with them in the future. I also mention : why buy all images but one ?  As a small enterprise, their accusations cost me time, money and stress.  That with this letter, we consider the matter closed. Also, we value our reputation and if we should defend it, we will do so.

Any feed back, thanks,

2
Getty Images Letter Forum / Re: Getty and Picscout (some update)
« on: July 18, 2012, 04:53:38 PM »
Some update.

After searching our website, we realize that there is a file name : dev, that was used when the site was build and there it is (the image getty complain about), but this site was hidden.  The purpose was to test it before it went live.  When we decide to go live, we did not then use this image, instead, we bought all images from istockphoto and then put the site on air.  Is it possible that picscout grab the image from the dev file ??  Should we erase this file (dev) ?

Well, as the action we will take, after taking to a lawyer in Montreal, Quebec.  She advised to first write to NCS IP Solution, asking them firmly to stop writing or communicating with us.  There is a law here in Quebec, saying that if you do not have your enterprise on quebec ground or a permit you are not allow to ask for any amount of money.  This letter will also say that we will be in contact only with Getty images and if they do not respect that, it will be consider harassment.

Then to write to Getty Image, with a copy of letter address to NCS IP solution. As for the content, she advise to be polite and less is the better. I am writing this letter which basically give the chronological events, then says that we are very unhappy the way they treat the situation, that we provided the proof they ask for, that instead of replying to us, they send us NCS IP solution.  I also write that I know now that Istockphoto pertain to getty and that we found this is a strange way to treat their customers, that we should not do any other business with them in the future. I also mention : why buy all images but one ?  As a small enterprise, their accusations cost me time, money and stress.  That with this letter, we consider the matter closed. Also, we value our reputation and if we should defend it, we will do so.

Any feed back, thanks,

3
Getty Images Letter Forum / Re: Getty and Picscout
« on: July 12, 2012, 06:04:44 PM »
Is OP refering to me ?  But to make things clear, when i say all images were paid to istockphoto, I mean, all but this image that getty claims theirs.

And also, I am a she  :)

4
Getty Images Letter Forum / Re: Getty and Picscout
« on: July 12, 2012, 05:36:25 PM »
The site was built in 2008...so no, there is no place holder here.  I am wondering, is picscout really reliable ?  Could they bring that up in court ?

Strange, moreover, we gave them (getty) proof of buying all the images from istock photo, we sent them the bill.  No answer, just 3 months after, the NCS IP solution letter !!!

5
Getty Images Letter Forum / Re: Getty and Picscout
« on: July 12, 2012, 03:06:28 PM »
Thank you boyh for the response.  I will do as suggest and search the forum for any topic about Canada.

They dont have the wrong person since i recognize perfectly the website but instead of the two images that are in the heading right now, there is one of the images that is not mine.  But as i said, i went back in the timemachine and as old of 2009, there is no such picture in the website.  So I am wondering, did they make that up, or what.

We have ask for the proof of copyright and have received a NCS IP solution letter instead !  (yes, from US).

Thank you again, if anything you want to add, feel free. 

6
Getty Images Letter Forum / Getty and Picscout
« on: July 12, 2012, 02:01:13 PM »
Hi every one,

First of, I am frenchspeaking, so sorry for the bad english some times.

I live in quebec, received a letter from getty in january.  Ask them to prove themself since i never use the image in question.

They sent me a webcaption of picscout date june 2011, were we see half of the picture they claimed that are theirs.  Problem is : I never use this picture... anyone had the same problem?

I use the wayback machine to go back in time till 2009 and no sign of this picture in the website.  All the images of the website were paid to istock photo.  I have the bill to prove it.

Now, yesterday, received a letter from NCS IP solution.

Stress and confuse about what to do now.  But i read a lot on this forum and saw that there is The Fair Debt Collection Practices Act (FDCPA) that i could use to stop them harassing me.  But since I am in montreal Canada, dont know if this applies.

Also, i wonder, if they take a step ahead, will they have me fight this in quebec or will i have to go in US.  surely dont have the money for that.

Any experiences or answers are welcome.  Thanks a lot.

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