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Getty Images Letter Forum / Letter on image now available for embedding and unsolicited email?
« on: September 16, 2014, 11:41:38 PM »
Hello! I am a newbie here and truly appreciate all the info I've found on this forum! I am posting this since I didn't find a similar situation to mine and my apologies if I missed an equal question posted before.
I received one of Getty's standard letter last month demanding $970.00 for the use of 1 image on a personal blog I used to have. This letter was addressed to my blog's domain name. I followed the many suggestions I found here, immediately deleted the post/image, in fact, I deleted the entire blog from the server since I wasn't really updating it, searched for similar images using the same "keywords" of the image in question and sent Getty a registered letter asking for proof of Getty's right to manage the Image , proper copyright registration, explanation as to how Getty determined the valuation of the image , sales data for each size and use,etc. I also provided comparable images and their costs.
Also, I highlighted the fact that the image in question is "embeddable" , in contrary to many other Getty images. ( I didn't mention this on my response, but I believe that by being available for embedding, the image in question has now a lower value).
I didn't provide a phone number or email address as I prefer to keep paper records in this case.
Today I received an email from their Copyright Compliance Specialist sent to my personal email addressed to my full name, now detailing that the image was used on three portions of the site (this image was used on 1 blog post only) and a copy of their "price calculator", where they calculated the image for a corporate site with use in advertising, etc.... which was not the purpose of my blog at all. My other questions were not responded, besides the usual " The requested documentation would be made apparent through discovery" statement. They also mentioned that the image is "part of the design element of a website"... but I imagine that an image used on a blog post is not a website design element.
So here are my questions:
Sorry for the long post, but I am at lost of how to proceed and I would appreciate any suggestions!
MANY THANKS!!!!
I received one of Getty's standard letter last month demanding $970.00 for the use of 1 image on a personal blog I used to have. This letter was addressed to my blog's domain name. I followed the many suggestions I found here, immediately deleted the post/image, in fact, I deleted the entire blog from the server since I wasn't really updating it, searched for similar images using the same "keywords" of the image in question and sent Getty a registered letter asking for proof of Getty's right to manage the Image , proper copyright registration, explanation as to how Getty determined the valuation of the image , sales data for each size and use,etc. I also provided comparable images and their costs.
Also, I highlighted the fact that the image in question is "embeddable" , in contrary to many other Getty images. ( I didn't mention this on my response, but I believe that by being available for embedding, the image in question has now a lower value).
I didn't provide a phone number or email address as I prefer to keep paper records in this case.
Today I received an email from their Copyright Compliance Specialist sent to my personal email addressed to my full name, now detailing that the image was used on three portions of the site (this image was used on 1 blog post only) and a copy of their "price calculator", where they calculated the image for a corporate site with use in advertising, etc.... which was not the purpose of my blog at all. My other questions were not responded, besides the usual " The requested documentation would be made apparent through discovery" statement. They also mentioned that the image is "part of the design element of a website"... but I imagine that an image used on a blog post is not a website design element.
So here are my questions:
- Since the image is now available for embedding, shouldn't its current market value be much lower?
- Should I send a Cease & Desist registered type letter asking not to be contacted via email, or not to contact me at all until they provide the info I requested?
- I used their "price calculator" tool and came up with a much lower price for this image under the real conditions of my blog if I still had it live today. Should I send Getty a screenshot of my findings from their price calculator with an offer to settle?
- Their first letter only mentioned 1 screen capture and now they are talking about a multiple use of the image... is this a common practice?
Sorry for the long post, but I am at lost of how to proceed and I would appreciate any suggestions!
MANY THANKS!!!!