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Messages - FoodWriter

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Getty Images Letter Forum / My Getty "experience" is over
« on: October 14, 2011, 07:35:27 PM »
It ended with a single sentence: "Getty Images is no longer pursuing this matter."

My story: I have published a food blog for 13 years (they were called websites back then, not blogs). In 2000, I wrote an educational article about honey--not a sales/marketing piece, was not selling honey, etc. In 2010, I updated the article and thought adding an image would be an improvement. I went to the US honey trade association website and found a section for press/media that included free downloadable photos of honey for use in news articles. I chose an image and added it to my article.

In mid-September 2011, I got the Getty letter. I phoned and told them where/how I got the image, and they did not care--they wanted $875. I contacted the honey trade association and turns out they had already had a run-in with Getty about their downloadable images. The honey people had hired the photographer to take a series of honey photos for them in 2000. They still had the $8,000 invoice from the photo shoot, including an extra $1,000 for "unlimited PR usage" of the photos.

The honey people wrote a nice letter to Getty explaining the situation, attached a copy of the invoice, and said "buzz off":

"We believe that the <honey association> and <me> should not be held liable to the damages incurred from this situation. It is our recommendation that Getty Images contact <photographer name> for further clarification. Please let us know when this situation has been resolved."

And then today, an e-mail from Getty: "Getty Images is no longer pursuing this matter."

According to the original invoice, the photograph retained copyright to the photos. I guess at some point he hooked up with Getty and now they're going around trying to collect money from people like me who were making legitimate use of the photos.

I know my situation is kind of a corner case, but wanted to share a small Getty victory with the good folks here in the forum. And good luck to all of you as you deal with your Getty situations.

Regards,
FoodWriter

2
Hi all,

First, thanks to Matthew for providing this great resource, Oscar for championing the legal aspect of these GI settlement demand letters, and to everyone on this forum for the informative posts. I just fell into the "GI rabbit hole" this past week, and the website, the videos, and this forum really helped educate me and bring everything into perspective.

I have a situation that I have not read about here in the forum...at least not that I could find. I publish a food blog and wrote an article in which I placed a stock photo that I downloaded from a trade association. I believe the trade association has a proper license for the photo that pre-dates the photographer's relationship with GI, and perhaps I can discuss that in a separate post at some point.

But the purpose of this post is this: I have not DIRECTLY received a GI demand letter. Rather, GI mistakenly associated my blog with a product manufacturer and sent them the demand letter. The manufacturer's legal department forwarded a copy of the demand letter by e-mail, copied GI, told GI there was no connection between my blog and the manufacturer, and asked that I respond to GI.

I replied to all saying I was in receipt of the e-mail and would follow-up with GI. The manufacturer thanked me, and I believe they are now out of the loop.

So what I have is a PDF copy of a demand letter addressed as follows:

Legal Department
[My Blog Name]
[Manufacturer's Address]
[Manufacturer's City, State, ZIP Code]

The letter is not addressed to my LLC's legal entity name or to my business address.

I had a short conversation on the phone with the GI rep that, of course, was cordial but unproductive.

So the question that I throw out to the collective wisdom of this forum community:

Do you think I need to respond in any way to GI when they've not mailed me a proper settlement demand letter, addressed to my business at my business address? I should point out that the name of my business is shown in the footer of every page on my blog, including the one they photocopied into their demand letter. And finding my business address is as simple as plugging my business name into Google.

Thoughts?

Regards,
FoodWriter

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