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« on: June 06, 2013, 12:26:24 AM »
A company I have done work for received 'THE LETTER'. Appropriate step have been taken in terms of cease and desist. I'll admit, I was like everyone else that receives this letter, scared shipless. I did a small bit of research into the topic before calling Getty (which I know regret). Perhaps I mentioned some things I probably shouldn't have regarding my acquisition of the photo from Google, etc...
Anyway, they reduced their settlement offer from $780 to $525. Now, for the past couple of nights, I've been reading this site and its various resources in an effort to compile a better 'defense'. It turns out the image they claim I infringed upon is vastly different than the one from the website they claim is the same.
I may not have it down to a science the way some of you do, but here's my response to their $525 offer. What do you think?
Dear, Mr. Bieker,
Thank you for your quick response to our phone conversation we had June 3, 2013 (the text of which is attached to this letter). First, let me reiterate Fullmotion Physical Therapy’s most sincere apologies. Second, without admission of any guilt, the image in question was removed from the published web page, Fullmotion Physical Therapy’s servers, and local computer backups. Having said this and complied with your cease and desist demand in a timely manner, I had, quite honestly, hoped for a more sympathetic response in regard to your monetary settlement demand. In our conversation, I thought I had made it quite clear there was no intentional copyright infringement. I would have hoped you, as an employee of a company that claims to have the best interests of photographers (many of whom are small business owners), would understand the struggle small businesses encounter in doing business, one of them being the cost of high quality marketing materials, including a quality web presence. A simple cease and desist letter would have sufficed in this case.
Fullmotion Physical Therapy sincerely wishes to reach a mutual understanding on this case and put this behind it. With that in mind and the details I’m sure you took from our phone conversation; I humbly ask you to consider Fullmotion Physical Therapy’s settlement offer of $100.00 with no further obligation. The image you claim to represent, image number 10159398 appears in several places all over the internet and is even offered for sale on some websites, which is explicitly prohibited in the restrictions listed in the image details (see image below). Perhaps this is a better target for Getty’s resources.
(Image)
Let me also point out the stark differences between the image in question and your catalog image number 10159398. First, the clouds in the sky of the image in question are very different than those in the image number 10159398. Second, the ground and water beneath the elephant and ball of the image in question are very different than those in the image number 10159398. Third, the beach ball the elephant appears to be balanced on is vastly different in the image in question and the image number 10159398. You can see these differences in the image to the right, which is taken from your initial letter to Fullmotion Physical Therapy. (Image)
Fullmotion Physical Therapy’s feels its settlement offer is fair and reasonable based on the facts of the case, the time and effort involved in researching the case, and its desire to rectify any misunderstanding between itself and Getty Images.
(Begin text copied from email.)
FOR SETTLEMENT PURPOSES ONLY
RE: 1353983 - Fullmotion Physical Therapy
Dear Nick,
Thank you for your time on the telephone today. After careful consideration, Getty Images is willing to accept $525.00 as full and final settlement of the demand that was recently presented to Fullmotion Physical Therapy. This offer is made conditionally and it will automatically be withdrawn if full payment is not postmarked by June 11, 2013.
Getty Images hopes that the added consideration given to reduce this settlement demonstrates our mindful attention to the circumstances; as such we encourage prompt payment of this settlement as offered. The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remedies available under copyright law. Thank you again for your time to this matter.
Best regards,
D. Bieker
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