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Messages - princereyn

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1
Thank you very much for your words! I guess after deleting the image, then I don't have to do anything at all!

Will give you guys update if any follow-up email(s) was sent though. Again, thank you so much!

2
It's a scam because someone (not validated to be an authorized Getty representative) asked you for payment of the penalties?

So could we assume that the photographer herself sent the email since the email address was the same with that on her portfolio?

3
And by the way, when I searched her portfolio online and compared it with the email address that sent me the infringement notice, it was the same. The domain was under att.net.

4
Thanks scraggy for that response! Here's what she sent me:

Quote
It has come to my attention that you are using my photograph of --- on the following page of your website

This image is available for licensing via my online archive at the following link

http://www.gettyimages.com/---

For the avoidance of doubt regarding my copyrights to this image, I can also provided a screen capture of the digital negative of this photograph as resident one of my computer hard drives if needed; furthermore, I have retained a screen capture of your above referenced web page on my hard drive.
I do not have any record of having issued you with a license to use this image. I would be grateful if you would provide me with any evidence that you have been issued with a licence by myself, or my agent, for such use.

Absent such a license, it would appear that you have breached my copyrights. I require you to remove the image immediately, and will be requiring payment for use of the image to date, being the sum of $ 450.00 which can be effected via wire transfer or PayPal as suits.

The fee due is calculated per the context of use - please see license-example.jpg which demonstrates the factors used to calculate the fee from my image archive. A receipt for payment can be furnished upon request, either via email or postal mail, to Metro US or such address as you cite.

Should you like to make use of the image for the future, such use would only be permitted subject to negotiation with me of a separate additional licence and payment of a licence fee at my rates.

Please be aware that copyright infringement is a strict liability tort, therefore liability exists regardless of whether you knowingly infringed on my work or not. When pursued via legal channels, the penalties for copyright infringements can be between $750 ~ $30,000 per instance. In cases where wilfulness can be proven, the per-infringement damages can be up to $150,000 under Title 17, Section 504 of the US Copyright Act.

With this in mind, I trust that you will find my request to simply be made whole for my lost license fee to be more than reasonable. Failure to respond to this message in a timely manner and/or refusal to settle the sum due will be interpreted as a willful breach of my copyrights and will be referred to my copyright attorney's office for further action at their direction.

5
I received an email (under the SPAM folder) from a Getty Images contributor saying I violated the laws for copying her images. She asked me to delete the image from my blog post and settle the $450 dollar fine for the infringement.

Upon reading her email, I immediately deleted the image from my post and from Picasa Web (where it was stored). But I actually don't know what to do next. Most of the users with posts I read here said they received email from Getty itself. But in my case, it's the contributor/photographer who emailed me. (She provided me the link of her Getty profile and did some searching about her, and she seems legit though)

I used the image from my blog post, I created last March, without knowing it's under Getty Images. Maybe I just searched Google and saved it, then included it on my blog.

I know it's my fault, but I could hardly settle or find a way I could provide the amount she's asking me. By the way, I'm from the Philippines and earning an average wage from my salary. The earnings in my blog are not much to pay her.

What should I do now?

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