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Getty Images Letter Forum / Extortion letter/s from August Images
« on: January 29, 2015, 02:42:14 PM »
Hello all, new to the forum, and victim of the dreaded extortion letter.
Here's the story.
On January 5, 2015 I got the following letter from August Image:
License Compliance Services, AUGUST.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
LCS@augustimage.com
05-Jan-2015
Dear XXXXXX,
It has come to the attention of AUGUST that an image or image(s) represented by AUGUST are being used or have been used online by your company. According to our records there is no valid license issued to your company for the use of the image(s).
To view the image(s) in question together with the usage(s) found on your company’s website, go to: https://XXXXXXX
Using a AUGUST image without a valid license is considered copyright infringement and in violation of the Copyright Act, Title 17, United States Code, entitling AUGUST to seek compensation for infringing uses. AUGUST is committed to protect the interests, intellectual property and livelihoods of the contributors with whom we work.
To resolve this matter (Case Ref: XXXXXX):
_____________________________________________________________
If a valid license has been issued for the image(s) in question:
Please email the license purchase information to LCS@augustimage.com within 10 business days of the date of this letter.
If a valid license proof cannot be found:
Please cease using the image(s) in question immediately.
In addition, please remit settlement payment in the amount of $660.00. Ceasing use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
We are willing to offer you, ex gratia, a 20% discount off the settlement payment amount, provided that you submit payment within 10 business days from the date of this letter. Failure to do so will result in the settlement amount being returned to its original amount upon the expiration of the aforesaid time period.
Please see below information for payment.
Remittance Payment Options (settlement fee: $660.00)
_____________________________________________
So, immediately upon receipt of the e-mail I deleted the image and the page it was on, off of my website. A few days later, just out of paranoia I deleted my entire website just to be sure.
A little back story…
This is not a business, a blog or any type of commercial website. I generate no revenue, have no ads etc. It's a personal portfolio site showcasing artwork and Photo-manipulations that I have created. The Image in question was used as the source of one of my photoshops. Here's where they have a point. the image in question, was in fact hosted on my site, next to the heavily photoshopped version, as an example of a "before" image. It was a scaled down thumbnail from the original file that I got off of one of the dozens of fan websites that are also hosting the image.
Are they correct? Technically, yes. Do I have a leg to stand on.. technically no… But.. I want to know how best to proceed.
Another tidbit. When I downloaded the file from who knows where, it was 2006. I know this because the time stamp on the photoshop layered file that I have, says 2006. The company, August Image, was, according to Wikipedia, founded in 2007. So.. They did not have the rights to the image then. I know that's not much to stand on, but my indignation is rising as a result.
So just for due diligence I did some digging to see if I could find any connection to this image and August. Through google reverse image searches I dug for several hours and found nothing but dozens of other potential infringers.
I discussed my situation with friends and colleagues. Most thought it prudent to ignore it and see if they came back sniffing.
Well… they came back with a physical letter.
They reiterated the same stuff. and called it my second notice.
I tried other avenues of reverse image searching.. tineye found the original photographer and I eventually traced it back to him being represented by August.
So I now know that they do have the rights to it.
So, after sitting on it for another two days, I decided since they did have a point, I would contact them, with as reasonable of a letter as I could, pleading my case/ignorance. Obviously after reading other posts on your site, I now understand this was playing at least somewhat into their hands.
I e-mailed the following:
I received a written notice in regards to infringement of one of your images. I believe this to be in error and wish to resolve this amicably.
Reference Number: XXXXXXX
The website in question, is a personal portfolio site. It is not a company site, nor does it have any monetary value or source of revenue. (There are no ads etc.)
Usage was for a non-commercial, personal, photoshop parody piece, and was only displayed as a low resolution thumbnail, for a comparison/before image. I was under the impression this would be viewed as usage for educational purposes. Obviously you disagree.
The image was removed from the site seconds after receiving notification of an infringement claim. Furthermore, for good measure the entire site has been taken down. This was done in good faith, and I'd very much like to treat it as a take-down notice.
The image was not taken from your site, nor was your site found to have any connection to this image when doing a reverse image search. I also could not verify that the image is on your site without signing up as a member and giving you credit card information. Please understand that I am not disputing your rights to the image at all. I just did not find any reasonable way to verify either of our positions.
I'd like to discuss it further. Please let me know how you'd like to proceed.
Could you provide me with a few bits of information?
1. What does a license for this image cost?
2. How did you arrive at the price demanded in your letter?
Yes, I realize now, I've basically copped to it. I don't see a way not to.
This morning they responded with a very unhelpful reply full of double speak:
The price for a license for this image would need to be discussed directly with August Image after you have completed your settlement.
Settlement amounts are based on the fair market value of a license, taking into consideration usage, placement, and additional information. The settlement is calculated by taking the average cost of licensing, plus a portion of costs incurred in the pursuit of the unlicensed use. Using the image without a license ultimately costs more than properly licensing the image before use.
Lastly, while we appreciate the removal of the imagery from the website, the prior unauthorized use of the imagery on the website is considered copyright infringement. Since copyright infringement already occurred, payment for that unauthorized use is necessary.
Regards,
XXXXXXXXX
License Compliance Services, AUGUST Image
P: 1.855.387.8725 E: lcs@augustimage.com
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
Anyone have any brilliant ideas of what I should do now?
Here's the story.
On January 5, 2015 I got the following letter from August Image:
License Compliance Services, AUGUST.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
LCS@augustimage.com
05-Jan-2015
Dear XXXXXX,
It has come to the attention of AUGUST that an image or image(s) represented by AUGUST are being used or have been used online by your company. According to our records there is no valid license issued to your company for the use of the image(s).
To view the image(s) in question together with the usage(s) found on your company’s website, go to: https://XXXXXXX
Using a AUGUST image without a valid license is considered copyright infringement and in violation of the Copyright Act, Title 17, United States Code, entitling AUGUST to seek compensation for infringing uses. AUGUST is committed to protect the interests, intellectual property and livelihoods of the contributors with whom we work.
To resolve this matter (Case Ref: XXXXXX):
_____________________________________________________________
If a valid license has been issued for the image(s) in question:
Please email the license purchase information to LCS@augustimage.com within 10 business days of the date of this letter.
If a valid license proof cannot be found:
Please cease using the image(s) in question immediately.
In addition, please remit settlement payment in the amount of $660.00. Ceasing use of the image(s) does not release your company of its responsibility to pay for the image(s) already used.
We are willing to offer you, ex gratia, a 20% discount off the settlement payment amount, provided that you submit payment within 10 business days from the date of this letter. Failure to do so will result in the settlement amount being returned to its original amount upon the expiration of the aforesaid time period.
Please see below information for payment.
Remittance Payment Options (settlement fee: $660.00)
_____________________________________________
So, immediately upon receipt of the e-mail I deleted the image and the page it was on, off of my website. A few days later, just out of paranoia I deleted my entire website just to be sure.
A little back story…
This is not a business, a blog or any type of commercial website. I generate no revenue, have no ads etc. It's a personal portfolio site showcasing artwork and Photo-manipulations that I have created. The Image in question was used as the source of one of my photoshops. Here's where they have a point. the image in question, was in fact hosted on my site, next to the heavily photoshopped version, as an example of a "before" image. It was a scaled down thumbnail from the original file that I got off of one of the dozens of fan websites that are also hosting the image.
Are they correct? Technically, yes. Do I have a leg to stand on.. technically no… But.. I want to know how best to proceed.
Another tidbit. When I downloaded the file from who knows where, it was 2006. I know this because the time stamp on the photoshop layered file that I have, says 2006. The company, August Image, was, according to Wikipedia, founded in 2007. So.. They did not have the rights to the image then. I know that's not much to stand on, but my indignation is rising as a result.
So just for due diligence I did some digging to see if I could find any connection to this image and August. Through google reverse image searches I dug for several hours and found nothing but dozens of other potential infringers.
I discussed my situation with friends and colleagues. Most thought it prudent to ignore it and see if they came back sniffing.
Well… they came back with a physical letter.
They reiterated the same stuff. and called it my second notice.
I tried other avenues of reverse image searching.. tineye found the original photographer and I eventually traced it back to him being represented by August.
So I now know that they do have the rights to it.
So, after sitting on it for another two days, I decided since they did have a point, I would contact them, with as reasonable of a letter as I could, pleading my case/ignorance. Obviously after reading other posts on your site, I now understand this was playing at least somewhat into their hands.
I e-mailed the following:
I received a written notice in regards to infringement of one of your images. I believe this to be in error and wish to resolve this amicably.
Reference Number: XXXXXXX
The website in question, is a personal portfolio site. It is not a company site, nor does it have any monetary value or source of revenue. (There are no ads etc.)
Usage was for a non-commercial, personal, photoshop parody piece, and was only displayed as a low resolution thumbnail, for a comparison/before image. I was under the impression this would be viewed as usage for educational purposes. Obviously you disagree.
The image was removed from the site seconds after receiving notification of an infringement claim. Furthermore, for good measure the entire site has been taken down. This was done in good faith, and I'd very much like to treat it as a take-down notice.
The image was not taken from your site, nor was your site found to have any connection to this image when doing a reverse image search. I also could not verify that the image is on your site without signing up as a member and giving you credit card information. Please understand that I am not disputing your rights to the image at all. I just did not find any reasonable way to verify either of our positions.
I'd like to discuss it further. Please let me know how you'd like to proceed.
Could you provide me with a few bits of information?
1. What does a license for this image cost?
2. How did you arrive at the price demanded in your letter?
Yes, I realize now, I've basically copped to it. I don't see a way not to.
This morning they responded with a very unhelpful reply full of double speak:
The price for a license for this image would need to be discussed directly with August Image after you have completed your settlement.
Settlement amounts are based on the fair market value of a license, taking into consideration usage, placement, and additional information. The settlement is calculated by taking the average cost of licensing, plus a portion of costs incurred in the pursuit of the unlicensed use. Using the image without a license ultimately costs more than properly licensing the image before use.
Lastly, while we appreciate the removal of the imagery from the website, the prior unauthorized use of the imagery on the website is considered copyright infringement. Since copyright infringement already occurred, payment for that unauthorized use is necessary.
Regards,
XXXXXXXXX
License Compliance Services, AUGUST Image
P: 1.855.387.8725 E: lcs@augustimage.com
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
Anyone have any brilliant ideas of what I should do now?