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Getty Images Letter Forum / Getty Settlement Purposes Only Letter - 3rd Letter
« on: December 10, 2012, 01:42:32 PM »
After receiving two letters from Getty threatening payment for a single image I subsequently removed from our website, I sent them a certified receipt letter asking for - proof of registration, signed paperwork from the artist transferring copyright, sales records associated with the image and date of alleged infringement. They provided none of the above.
Here's their latest response which arrived today via FedEx to the issue of registration:
"Copyright exists the moment a photograph is created and copyright registration is not a requirement of copyright ownership. Getty has contracts with contributing photographers who are the copyright holders. The contributor agreement contains representations and warranties that the contributor is the sole copyright owner. Consequently Getty does not require contributors to provide Getty with certificates of registration and leaves the option of copyright registration to the individual photographer. Due to confidentiality concerns, Getty would not provide copies of our contributor contracts at this stage of claim.
Under the USCA, actual damages are recoverable regardless of registration. Getty is currently only requesting actual damages in settlement of this matter. Therefore, copyright registrations are irrelevant at this stage".
What the heck is the USCA? And how does much of what they say square with the many posts on this wonderful site? It sounds as if they believe the issue of registration is not important. Any suggestions of how to proceed???
Here's their latest response which arrived today via FedEx to the issue of registration:
"Copyright exists the moment a photograph is created and copyright registration is not a requirement of copyright ownership. Getty has contracts with contributing photographers who are the copyright holders. The contributor agreement contains representations and warranties that the contributor is the sole copyright owner. Consequently Getty does not require contributors to provide Getty with certificates of registration and leaves the option of copyright registration to the individual photographer. Due to confidentiality concerns, Getty would not provide copies of our contributor contracts at this stage of claim.
Under the USCA, actual damages are recoverable regardless of registration. Getty is currently only requesting actual damages in settlement of this matter. Therefore, copyright registrations are irrelevant at this stage".
What the heck is the USCA? And how does much of what they say square with the many posts on this wonderful site? It sounds as if they believe the issue of registration is not important. Any suggestions of how to proceed???