Messages

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Getty Images Letter Forum / Re: Got My Getty Letter - Almost Laughable

« on: July 21, 2013, 01:03:53 PM »

Greg,

Sure I can make a digital copy for you and PM it to you.  It basically says

" In an effort to help you find suitable replacement images, once you settle your case with us, we can provide you with a code for a free 5-image Pack from our ThinkStock collection.  After you make payment, please give us a call and we can provide you with the code and instructions." 

After continuing to read more here and in other forums I am contemplating just ignoring them totally.

1.  They sent their letter standard post.  If they were that serious you'd think they'd want a confirmation we received it?
2.  The photographer doesn't appear to have any copyrights registered: http://cocatalog.loc.gov/

You'd think anyone with a half-serious and legitimate, defensible claim would take the steps to ensure someone receives and acknowledges their letter.  I still don't know if I should write their Canadian or US address, that's IF I even reply to them.

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Getty Images Letter Forum / Re: Got My Getty Letter - Almost Laughable

« on: July 20, 2013, 11:06:10 AM »

Thank you for the reply Greg.  And Thank You for your contributions here, over the last few days I've been getting up to speed on many others situations with Getty including your own, your letter campaign was an example of persistence and dedication, holy cow!

The "form" letter I received from Getty is a very bad quality photo copy and further, nobody has signed it or put their name to it so I have no person to reply back to, just a Case #.  They have also provided TWO mailing addresses.  A Canadian address on the Envelope (Brampton ON) and a US address inside the letter (Seattle WA), who do I send my reply to or both?

One interesting point is that they are demanding $950.00 for use of the image (which has now been purged from the non-public directory on our server) but in the same letter they offer to give me 5 images FREE if I settle the claim.  Doesn't that statement somewhat devalue their own images along with in a secondary way, their own ridiculous claims of value on the alleged infringement?

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Getty Images Letter Forum / Re: Got My Getty Letter - Almost Laughable

« on: July 19, 2013, 09:39:39 AM »

Thank you for your reply Robert.  So you think the best course is to write a letter requesting their image copyright registration along with a stronger case as to why I should pay them anything?  I really don't want to offer a settlement because we never downloaded or used the image.  To me offering a settlement would be an admission of guilt.  I am not paying them any extortion money until a judge tells me so.

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Getty Images Letter Forum / Got My Getty Letter - Almost Laughable

« on: July 18, 2013, 11:55:27 PM »

Hello All,

First off, let me say how extremely appreciative I am about this resource.  It was very reassuring to read other peoples stories and experiences with Getty.  I could be here for weeks.

I received an extortion letter today asking for $950.00 for use of a single image that was used in the header of a user uploaded web-template on our server from 2007.  There are a couple of issues with their claim.

#1.  The image they are referencing is on a user generated page within our system.  It is not something that was offered for sale or commercial gain on our behalf.  This user created their own template  and graphics (they supplied their own images).  We are merely a very small hosting company.

#2. The template they are referencing was generated by this user in 2007.  This user never renewed their hosting, so the account was disabled after 30 days.  Their page residing in a non-public directory of the server, and forgotten about.

#3.  The timeframe this infringement occurred in was prior to our business changing hands in 2011.  In 2007 we were under different ownership.

#4.  We could probably source which user uploaded this alleged infringement but since they were a customer (under different ownership at the time) and in 2007 (6 years ago) it will not be easy as we don't have push-button access to those records anymore and even if we could source it there is no guarantee this person would reside at the same address or phone number.

#5.  The template in question was a sample page the user created and was never made "live", advertised, promoted, re-sold or presented in such a way by our company.  This is going to be really hard to prove any sort of damages with.  They listed it as residing on a "secondary" page when in fact, it was buried away in a non-public directory on the server, how they even accessed that is beyond me!

I'm going to send them a formal letter explaining the above points in a more professional fashion but they have not provided any mailing address to send a formal reply?  Only addresses to send payment too (ha yeah right!)  They did provide a phone number and I can only imagine how far that will get me.

If my letter efforts fail and they continue to harass then I guess I'll be back for the $200 letter program as it's worth it just to save my time.

My fear is that they turn this over to a collections agency who will then proceed to harass us.  We are in Canada so I am not sure how different the laws are here.  There are a few canucks on here who've stories I've read.  And again this place has been most helpful!  Thought I would add my voice to the roar!

Thanks!