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Topics - mreams

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First off thank you for this site.  I just made a $10 donation :)  I have read many posts and watched videos for about 5 hours!

I have a business I am starting and registered businessname.com and called my business "businessname"  It is not an actual legal or registered business, it is just a name I used.  I do own the domain.  The letter I got was addressed to Legal Dept: Businessname.   So my question is since "Businessname" doesn't even really exist does that matter?  Or because I own the domain it matters?  They want $1040 US for 1 small 1 inch square image that has been on my site for 3 months!!!

Anyway here is my plan:

Reply to Getty stating that telling them I have taken the images down immediately upon receipt of the settlement demand letter (I did do this) and apologize for an inconvenience.  Mention that I obtained the image from a third part and did not know it had a copyright.  I will mention that my website has made zero profit thus zero profit from the use of the image.  I will show 3 sites with similar images ranging from $5 to $25 for 1 year use.  I will enclose a check for $50 to close out the matter.  I will write in the memo section of the check "full payment for settlement (claim number)"

When they respond asking for a full payment, and I am sure they will, I will ask for proof of:
1 - Copyright of the image in question
2 - signed paperwork of the artist transferring copyright paperwork to Getty
3 - The exact formula they used to come up with the settlement demand
4 - Sales records of that image at that price or any price
5 - Exact day that the infringement started.

I am sure they will respond again and demand payment.  I will use Matthew Chan's letter on Scribed as a guide for my reply.  I will basically call them out on how unprofessional they are and that this is extortion etc.  I will NOT pay more than $50, and I will tell them that.

If they give the file to a collection agency I will tell the collection agency that this is NOT a debt but a settlement claim that I have not agreed to pay and I will NOT pay. I will tell the collection agency that I will file a complaint against them with the proper authorities for harassment if they continue to contact me.  I will block there number and not respond to emails etc.If they end up taking me to court good luck to them.  First off I am in Canada and I don't think they will bother with me.  If they do no judge in their right mind would award the outrageous amount they want.


Any thoughts anyone?

Matt

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