Messages

1

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: April 16, 2014, 03:54:21 PM »

Love you guys, thank you so much for your input.

If this helps anyone, here's the final reply.

                     Legal Department
                     xxx
                     xxx
                     xxx                     
Getty Images
605 5th Ave., Suite 400
Seattle, WA 98104
April  15, 2014

To whom it may concern,

We are in receipt of your letter of March 26, 2014, case number yyy.

We cannot discuss this any further without the following:
1.   date(s) image is claimed to be in use
2.   copy of the contract giving Getty Images the right to sell the image on said date(s)
3.   proof of exclusivity of the right to sell said image

Regards,
xxx Legal Department

2

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: April 08, 2014, 02:01:32 AM »

What a great group of people. Thank you for your generous help.

So I told my friend-client that we should reply that we would like proof of their exclusive right to sell the image before we discuss an alleged claim.

My friend's response was that he was just worried about his credit rating.

I found a post here in which it was claimed that the issue is of a claim not a debt and Getty's never reported their claim as a debt to an agency.

But then I found a post about a bogus Dutch collection agency not registered as a credit collection agency going after an alleged copyright infringer.

I want to respect my friend's concern but I also think Getty is just a bunch of lying thieves and to pay them is the equivalent of paying kidnappers or negotiating with terrorists.

I don't know.

3

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: April 01, 2014, 10:59:14 PM »

Jerry,

thank you, that makes sense.

4

Getty Images Letter Forum / Re: Announcement: ELI website sold to new owner

« on: April 01, 2014, 10:51:33 PM »

hi Matthew,

I'm glad I found you before you sold. Thank you for the enormous service you have given the community.

Caroline

5

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: March 31, 2014, 01:42:18 PM »

I agree that Getty will simply remove Carolyn from the equation, and pester the client to no end, which is typical whenever there is any push back.

Hi Robert - my maiden name is Krauss, I always feel related when I see names like yours.

We could make the letter from the client. We haven't sent it yet. So the pestering is all in the form of letters, would that be right? Do they ever actually sue? I know they're not going to sue for $395, but I haven't seen any mention yet on the forums of any actual cases brought to court.

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Getty Images Letter Forum / Re: Here's my letter and contribution

« on: March 31, 2014, 01:39:58 PM »

I like your letter Caroline.

Greg is correct that Getty will just ignore what you say and come back with their usual message, "pay us."  This could become a problem for you if they chase your client and not you.  They like to find the chinks in one's armor and attack those.  You should be thinking about how to address that potential forthcoming problem.

I wonder if the letter should be from the client and from me. Or just from my client. It's a good point. I need to ponder this. Thanks for your reply.

7

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: March 31, 2014, 01:39:10 PM »

Welcome to the forum Caroline,  You letter is well written and makes valid points but be prepared for Getty to say it doesn't matter and continue to demand the money.

Please keep us posted.

Thanks Greg.

I understand it's 3 years before they have to give up. My feeling is that if we file our letters with the attorney general too, we could reply to their replies with "We would pay you if you would prove you have the right to the money." Since they won't prove they have the right to the money, we won't have a valid debt, and after 3 years they have to stop writing. Do you think I'm off about any of these assumptions?

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Getty Images Letter Forum / Here's my letter and contribution

« on: March 30, 2014, 05:29:38 PM »

Hi guys, I want to thank you for this website. In appreciation I have contributed to your website fund, Paypal transaction ID 84R79913SA074093H.

Here is my response letter to Getty Images. I hope it helps others, and if anyone sees a problem with it, I hope you'll give me feedback.

I am confident that the Getty scam is of no real consequence to my client, but I understand his anxiety.

The Getty Images business model depends on that anxiety.

What a disgusting way to make a living. I don't know how these people live with themselves.

Regards,

Caroline Bogart

                     Caroline Bogart
                     Bogart Computing, LLC
March 30, 2014

Getty Images
...
...
Dear ...
We are in receipt of your claim of copyright infringement and request for $395. We understand that Getty Images is claiming copyright against [theAllegedCopyrightInfringementWebsite.com] for using an image depicting a man having back pain. In the name of caution, we have removed all images of that description from the website.

However, we cannot find any images on GettyImages.com that were  also on the client's website. We are unclear as to which image is allegedly in violation. So for this reason, your claim of infringement is in doubt.

Secondly we note that on October 21, 2013, sports photographers  Paul Spinelli, Scott Boehm, Paul Jasienski, George Newman Lowrance, David Stluka, David Drapkin and Thomas E Witte suied Getty Images for copyright infringement. They claim that Getty Images is selling their photographs without the right to do so.

So for this second reason, your claim of copyright infringement is in doubt.

Thirdly, we note that the type of pictures on my client's website sell for about $10 on your site. This makes the fee your are demanding 39.5x the original image cost. Since the site has only been live for three months, the actual value of time is 3 months out of a 12 month license, or 25% of a yearly license, or $2.50. This means your request for $395 is 158x the original image cost.

A fee of 5x or 10x value might be reasonable to high. A claim of 158x the original value is simply not worth discussing.

We take copyright infringement seriously and do respect your right to fees if owed. Please provide proof of copyright in order for us to determine value. Once provided, we will be happy to negotiate a fair settlement for your claim.

Sincerely,