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Getty Images Letter Forum / Invoice/Sent to Collection questions

« on: August 03, 2008, 10:18:16 PM »

I am curious about the tactics that Getty Images is using. Surely, they are exploiting or abusing customer protection laws (except in most cases there aren't customers, but rather users). For instance the demand letter is in the form of an invoice? How can they send an invoice for something when there was never any sale? Further, how can they send someone to collection for copyright issues when there hasn't been any judgment against the "infringer"?

I have followed pro-photography forums/blogs and the Getty procedure is becoming an acceptable form of seeking redress against "infringers". I think this is a way to avoid actual litigation and having to prove actual infringement. Surely there has to be a better way?

It's as though GI has become a judge and jury unto themselves, assigning fines without proof. This has always bothered me because the US copyright law is clear about DMCA take down notices. But perhaps this is a grey area of US copyright law that needs to be more clearly defined. In any event, they aren't even giving webmasters an opportunity to take anything down before assigning fees.

Anyway, just some thoughts on the issue.

2

Getty Images Letter Forum / Template Monster and Getty - my story

« on: August 03, 2008, 10:04:55 PM »

Note: I have previously posted this story in the google group Help for Getty Victims and elsewhere. I have made a few minor edits. My thanks to the forum hosts for providing this space to share my story. I received my refund check from Getty Images and have sort of closed this incident. I have continued to follow other cases and have learned a great deal about copyright and intellectual property laws and I strongly believe that Getty Images is exploiting US copyright law for financial gain. In any event, I have saved all of my Getty paperwork and will happily submit it if there is ever a class-action in the US.

I call this a small victory because I think I just got lucky. Because
of a set of circumstances and my State Attorney General applying some
pressure, I will be receiving a refund on the demand fees I paid. I
will try to explain what happened to me and maybe some of you in
similar situations can find relief.

I purchased a web template from Template Monster. Getty Images
pursued me for use of an image included with the template. I had proof of
purchase, plus copies of the terms of use included with the template.
The image had no notice of copyright and I assumed that template
monster had the right to distribute that image for my use.

Getty Images notified me in January 2007 with the first demand letter,
more than 6 months after being published on the web. The demand was
for $1300. I removed the image from my server immediately and I
contacted Steve Chizmar, copyright officer with TM, informing him of
the situation. He advised me to ask for proof of copyright and to take no
further action. I ignored the first letter.

I received a second demand May 2007. I ignored this letter too. Tried
to seek advice from an IP/Business lawyer. My state has about 5 IP
lawyers and none were willing to look at the case mostly because the demand
was for such a small amount (not small to a business start-up though!).

In August 2007 I was sent to collection. I received a letter and a
phone call from the collection agency within one week of each other.
After telling the agent the invoice was in dispute, she informed me
that I had to pay or Getty would sue me for 10 times the amount of the
invoice (which is illegal if Getty never truly intends to sue). I
decided to pay the invoice and seek financial redress from Template
Monster. I also sent a formal letter of complaint to my State Attorney
General and asked them to negotiate in my behalf with Getty Images.

In September I started my weekly letter writing campaign with Steve
Chizmar at TM asking for financial redress for the fraudulent product
sold to me. Steve Chizmar responded and said that there was an
agreement with Getty and all I had to do was remove the image and not
owe any money.

One week ago I received a phone call from Getty Images. They informed
me that they received my formal complaint from my State Attorney
General. They now have an agreement with Template Monster and will be
refunding me my demand fees. The phone conversation went like this:

GI: We have been pursuing TM for years for outright theft of our
images.

Me: Why, then, have you pursued me for more than 6 months for this
money?

GI: We had no way of knowing how you obtained the image and had to
assume you stole it. Ultimately you are responsible for the use of the
image regardless if you obtained the image from a third-party like
template monster.

Me: Why then did I have to go through the extreme measure of being
sent to collection when I did NOTHING wrong? The image had no notice
of copyright and there was no way for me to know the image belonged to
anyone other than Template Monster.

GI: Someone had to pay for the image. You're right, there would have
been no way for you to know, but someone still has to pay for it
whether it is you or template monster.

Me: That isn't really fair.

GI: Well hopefully we can do better by you next time.

Me: Um. Hello! You don't treat potential customers like criminals and
expect to turn them into paying customers. No. Getty Images has lost a
possible customer as I will never, NEVER, have future dealings with
Getty Images.

I don't think I would be receiving a refund check if I hadn't filed a
formal complaint. My state AG doesn't always mediate unless they feel
it is in the state's best interest. They must of felt this case
warranted it and for that I am grateful. I should received a refund
check in about 2 weeks.

Best of luck to those in similar situations.