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UK Getty Images Letter Forum / Re: Has anyone in the UK settled?
« on: July 26, 2012, 09:22:40 AM »
My client is in the same situation as yourself. I have sent letters to Atradius to get them to answer some very basic questions are they always seem to avoid reaching the point i am asking. This is their last reponse from 23rd July in which i sent them two letters asking the questions below:
We have already answered you queries however to avoid any further questions please note below.
1. Getty’s legal bond/proof of rights instruction with the image owner to recover any infringement charges.
This is clearly covered in the letters sent and is covered under the Copyright, Designs and Patents Act 1988.
2. Image owner to provide exclusive copyright details of the image.
Our clients images are encoded with a marker which is identifiable with their software, When their images are located the details are cross referenced against their database of clients and if there is not a match a letter is sent to the websites owner. Hence we can prove the image you used belongs to Getty Images.
3. Explanation and breakdown as to how the amount of £574.75 was calculated as a legal charge.
The charge made is for an infringement. There is no breakdown. You have used our clients image without obtaining the rights and therefore are being invoiced as they deem fit. You may wish to refer to a case earlier this year HOFFMAN v DRUG ABUSE RESISTANCE EDUCATION (UK) LTD for clarification of charges being made and awarded.
4. If Getty Images are exclusive licensees for this image, then please provide license.
If you wish to use the image legally then you must first pay the settlement requested for using the image without authorisation. You can then be supplied with a figure for use of the image once details of the image use have been taken.
As we have fully responded to each point you have raised please confirm that payment of the £574.75 will be made immediately. If payment is not made we will have no option but to pursue the end user for the amount whereby court action will be taken if payment is not received.
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Question 4 is the question which i think they deliberately avoided answering. I am now going to wait and see how long it takes for them to send my client another letter. They have given deadlines firstly of 14days, then 5 days so will see what case they have and if they send any other threating letters.
We have already answered you queries however to avoid any further questions please note below.
1. Getty’s legal bond/proof of rights instruction with the image owner to recover any infringement charges.
This is clearly covered in the letters sent and is covered under the Copyright, Designs and Patents Act 1988.
2. Image owner to provide exclusive copyright details of the image.
Our clients images are encoded with a marker which is identifiable with their software, When their images are located the details are cross referenced against their database of clients and if there is not a match a letter is sent to the websites owner. Hence we can prove the image you used belongs to Getty Images.
3. Explanation and breakdown as to how the amount of £574.75 was calculated as a legal charge.
The charge made is for an infringement. There is no breakdown. You have used our clients image without obtaining the rights and therefore are being invoiced as they deem fit. You may wish to refer to a case earlier this year HOFFMAN v DRUG ABUSE RESISTANCE EDUCATION (UK) LTD for clarification of charges being made and awarded.
4. If Getty Images are exclusive licensees for this image, then please provide license.
If you wish to use the image legally then you must first pay the settlement requested for using the image without authorisation. You can then be supplied with a figure for use of the image once details of the image use have been taken.
As we have fully responded to each point you have raised please confirm that payment of the £574.75 will be made immediately. If payment is not made we will have no option but to pursue the end user for the amount whereby court action will be taken if payment is not received.
----
Question 4 is the question which i think they deliberately avoided answering. I am now going to wait and see how long it takes for them to send my client another letter. They have given deadlines firstly of 14days, then 5 days so will see what case they have and if they send any other threating letters.