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Messages - Ed

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Yes, I also want to also convey my appreciation for the work being done on this site and by Oscar.  My local attorney suggested I pay the 1K and get them off my back, but it did not seem right to not only let them get away with this, but to pay them for it too!  Getty had sent me multiple demand letters, one a month, increasing the price and pressure, and I was glad to hand this over to Oscar, but also a little skeptical about the outcome.  I am please to say that after Oscar send them his letter, I have not received a single response or call.  The very reasonable fee is well worth the peace of mind and if this issue is causing you any worry or distress, call Oscar and let him handle this for you.  It is a GREAT service, for a GREAT price, for us small business operators.  Thanks so much Oscar and Matthew!

Ed Wise, Ph.D.

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Getty Images Letter Forum / Oscar's Letter
« on: August 23, 2008, 07:12:01 PM »
Hi Folks,

I too have fallen prey to Getty.  My story is much the same as others.  My web guy sent me to sites to pic images from, told me had licenses for them, etc.  When Getty showed up last month, web guy says he has no idea what they are talking about, but cannot produce licenses, I own the site, etc.  So, I contacted a local IP attorney and he told me to pay the $1000, which if I responded in x days would "only" be $900.  This goes against my grain.  It's the principal of the thing!  I didn't do anything knowingly wrong.  Like Oscar says in his phone interview, most of us play fair and are willing to do the right thing.  Anyway, in my first letter, I asked for proof of copyright.  They responded with another picture of my site, the author's name, and another demand, but now down to $650.  So, I tried to play nice.  I looked up the image on their site, calculated what the cost would be for the time I used it, and offered them $120.  Sent it in with a letter stating if they cashed the check, I considered the matter closed, they had to hold me harmless, etc.  Well, of course they cashed the check.  And I thought I was home free.  But a few days later, I discovered in my Junk Box, a letter from them stating that the check was automatically cashed, I would be issued a refund, and that they still wanted their $650.  So, I spend most of today, Saturday, looking stuff up to put in my letter to them and come across this site.  Eureka!  Oscar, who is to be applauded for giving legal voice to this David vs. Goliath cause, is working on a letter.  Great!  How do I get a copy or at least a look?  

In the mean time, my letter is focusing on the fact that 1) I still don't have proof of copyright; 2) the image was used for educational purposes and as such is covered by the "fair use" guidelines in U.S. copyright law that provides exemptions when an image is used for educational purposes.  In this context, the use of the image is analogous to reproduction by a teacher of a small part of a work to illustrate a lesson.  There is no alleged nor measurable financial effect of my use of this image upon the potential market for or value of it.  3) I was unaware that this image had a copyright and that I did not procure it myself; there was not watermark on it and nothing on it to indicate that it was not in the public domain.  4) the law recognizes that some people "innocently infringe" on others copyrights.  In this case, proof of innocent infringement in this case consists of the absence of any copyright notice or watermark, the web developer’s procurement of, and representation of, this image to me.  5) Further, the law says “where the infringer . . . was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200.” 17 U.S.C. § 504(c)(2).  6)  I am willing to dispose of your request by taking down the picture and paying $200, in exchange for being free from any legal claims or collection actions by Getty Images relating to this matter.  

What do you think?  Any other ideas to fight off these 800 lb gorillas?
Thanks for what you are doing, we all need help with this.

Ed

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