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Topics - DCDC

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Getty Images Letter Forum / Blog Post Extortion Letter
« on: November 01, 2014, 03:08:13 PM »
First let me tell you all that I have been lurking here for a month or so after I got my initial letter and would like to thank the regular contributors for their consistent help to newbies like me who are receiving letters.  In my opinion you are helping to stop something that is wrong, and that is commendable. Thank you.

My situation is this:

My office website (solo practitioner doctor's office) has a blog as one of the website tabs. The blog is used ONLY for educational purposes, to tell stories, give testimonials, and educate readers on our style of care, etc. It is a small blog for a small office, with NO advertisements (nor does my office sell any products of any kind).

I received a letter from Getty Images for a picture used on a blog post.  The picture had been up about 4-6 weeks and they wanted @$750 for its use. Although I realize it does not matter, but I am not sure if I put up the picture with the blog post, or if I sent the content to my secretary and she surfed the net and innocently put up the picture.  Upon receiving the letter I TOOK DOWN THE PICTURE IMMEDIATELY.

I spoke to a lawyer friend who told me that he had another friend who received such a letter and they ignored it and there was no followup.  I felt this would not be the case for me, but I wanted wait for another letter.  I got one last week.  Same tact from Getty.  Here is our proof you used our picture without permission, it is registered with us and has our copyright on it, but we will settle.  You can now pay us ONLY $550.
I found it crazy that they would negotiate against themselves before they even had a response from me, and along with everything I am reading here and on the net, is yet more proof that they are out for money.

I have chosen a response that I wanted to run by the folks here (I could post it, but I am sure Getty has trolls in this forum who could use anything I type here against me right?).  I would like to simply write a friendly letter stating that I am upset with their business practices and have responded in good faith by immediately removing the picture, etc. and that I do not wish to pay anything.  I also, would like to give the name of my lawyer friend as a person representing my interest in this matter who will handle any correspondence from here out....... 

Based on the experience of this room, should I reach out in a friendly manner with my response, and direct them to my lawyer, or should I go with the prove to me how much the picture is worth, etc. that Greg uses in his letters?  My instinct is to just respond as a respectable businessman first and it seems like when you start arguing over the price of the picture you are negotiating a settlement and admitting some type of wrong doing vs. an innocent mistake.
Also, should all letters be sent certified mail?
Thank you for your responses

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