Messages

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Getty Images Letter Forum / Re: Just recived this letter

« on: December 20, 2010, 06:55:48 AM »

Thanks guys for all your replies, I've yet to hear back from them, and if i do, or the "case" progresses I will definitely contact Mr Oscar for your services.

Till then, I'm not worried about it any more.

I still feel this is soo wrong on so many levels but I guess that's life .

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Getty Images Letter Forum / Re: Just recived this letter

« on: December 08, 2010, 05:50:49 PM »

Thanks for the replies.. one quick thing.. in this kind of suit. if they did take me to court, there is no jury right? i do not understand the full usa legal department but i have a feeling this would be a case heard infront of a judge only? or would there actually be a jury?

I can not see a jury ever agreeing with a large company over a 2 man little mom e pop kind of company over an image we actually bought as far as we are concerned.

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Getty Images Letter Forum / Re: Getty's position on providing proof

« on: December 07, 2010, 06:25:02 AM »

Btw, and not to steal your post, but in this kind of law suit (what is the actual term? civil suit?) who has the burden of proof? meaning they would be the one having the show that we intentionally infringes and from when to when?

Also if they come to court with an image, that they just register, and i show them that this image AS of the date of registration is NOT on my site, does that not negate the whole issue?

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Getty Images Letter Forum / Re: Just recived this letter

« on: December 07, 2010, 06:21:46 AM »

Thanks for your reply infringer.

I've been reading a lot more on here since I made this post and I've also been listening to the mp3 files on here.

Personally I removed the image right away, as well as I have the emails showing the purchase of said image. As far as I feel, I am safe. While I know that in the "eye of the law" potentially I am not, as getty says, I have already removed the image and end of story.

If they feel they want to take me to court over it then ok. But I'm sure once they contact me for it, and I show them the above it will not be worth their time.

One question I did have is this, even if the server is in America. And my partner works out of the US. I now live and work in italy. If they where to try to sue, would they have the right to ask me to come back to America, or would they have to try to go through the italian channels as this is not a criminal case, i do not think civil law suits could extend like that.

*edit: further what i do not understand, is who would even try to get money out of a person that bought or got a design (in good faith) and then used it. What jury/judge could ask a small business owner to pay any selttelment in this kind of situation?..

I'm all for slamming a company that makes a profit from ill gotten goods,and continues to do so when informed. But otherwise i don't understand it at all.

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Getty Images Letter Forum / Just recived this letter

« on: December 05, 2010, 05:42:32 AM »

Hello,

First of all, thank you for keeping this site online and all the great information on it.

My partner (per say as we run a small business website but are not an llc and have not incorporated in any way) just received a letter about 1 image on our shopping cart. They are asking around $1000+ for this image and of course the prompt removal of it while stating that even if we remove it we will still be liable to pay their "fees".

As of now (we received the letter about 8 hours ago) we removed the "offending" image (which they claim was actually a cropped  and modified version of their "stock" image). We have yet to decide what else to do on this case as we are both not very savvy in the legalities and are still doing research.

In this case though we had NOT knowingly infringed on any copyright, further more, our shopping cart was setup using a "template" which we actually purchased (including said image which was a very insignificant but part of said design). What i do not understand is this, why would they try to pressure payment if we removed the image right away, and second why would we be liable for fees if we purchased this image as part of a design from an other company (in good faith)?.

Unfortunately the company that sold this template (it was a large online seller of templates for e-commerce sites) is not online any more, so i can not even ask them to send a copy of their licenses (hoping they had one) as "getty" suggests.

Thank you for your time,