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Messages - ian wylde

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1
UK Getty Images Letter Forum / Re: UK Query
« on: March 21, 2012, 05:24:56 AM »
From what Getty are doing, seems a perfect bit of law to me -- anxiety it indeed causes, amongst other things.  Im positive people are still paying Getty more than not in the Uk still..

2
Thanks for your reply John,
I will seriously consider making a reduced offer, just concerend that could show guilt of somekind.

I have drafted a letter to send to SMB, looking to send it very soon.
Maybe I should have contacted Getty earlier, but, there communications do not encourage it.

3
UK Getty Images Letter Forum / Re: Need Help in the UK.
« on: March 20, 2012, 02:18:52 PM »
Hi,
I posted my situation earlier today.  I ask was there communication between the UK Lawyer and Mat & Oscar? Was anything set up that we in the Uk can look at?

Going back to my post earlier today I have drafted a letter to 'Simons Muirhead & Burton' who are the laywers/solicitors acting for Getty UK.  It would be great for someone of more knowledge to have a look at it for me, and give some suggestions.

4
Just been looking through previous messages on forums.. I should have done that before, going to try to get more info on previous messages - just time at work is tight!!

5
UK Getty Images Letter Forum / Re: UK Query
« on: March 20, 2012, 07:05:26 AM »
A bit of Uk law I've been sent, I cant confirm this is defianetly the law:


Copyright, Designs and Patents Act 1988:
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."
"It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety."


6
Hi,
I received a Getty demand on 11-08-2011, for my business Delta Tech Fire Services.  They are demanding £800.00 (approx $1600.00) + Irish VAT tax, for one picture my webdesigner used from google pictures in 2008. they claim 'Unauthorized Use of Getty Images' - I did not to respond to this letter
I received a second letter on 19-10-2011 demanding settlement again. I emailed Getty asking for proof of copyright, I enclose there response below:

"Dear Mr Wylde
Thank you for taking the time to this matter.
Getty Images has contracts with its contributing photographers who are the copyright holders. The contributor agreement contains representations and warranties that the contributor is the sole copyright owner. Due to confidentiality concerns, Getty Images would not provide copies of our contributor contracts at this stage of a claim. However,  the image details can be viewed at http://www.gettyimages.com/Creative. Simply enter the corresponding image number (ba60343) into the search box.  The use of an image such as this would have required permission from the copyright owner. 
In the absence of proof of a valid license obtained prior to use, this remains an unauthorised use and will be pursued.
Please note that we are going to escalate this case to our legal representatives if payment is not received by 31 JAN 2012."


I again chose not to respond as I feel that what they are doing is totally wrong.  On 12-03-2012 I received a letter from 'Simons Muirhead & Burton' (SMB), solicitors in London.  SMB state they have now been instructed by Getty to pursue the claim, they have mentioned the word 'Court' in the letter and the settlement amount is now £1,200.00 (approx $2,400.00) + Irish VAT - Why on earth are they charging Irish VAT in a United Kingdom case?

I have read ELI forums and searched on Google for info.  Im considering writing to Getty's solicitors, but hoped to get advice first.

I find what they are doing disgusting, our business a very small family operated fire protection business and this is causing stress.  It seems that ELI deal with US claims but hopefully someone can give me some good advice for my case?

Regards
Ian

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