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Getty Images Letter Forum / Getty's image differs from the one they claim is an infringement
« on: April 23, 2015, 05:57:32 AM »
Hello everyone. Boy was I relieved when I found the ELI site. As recommended I have had a good trawl over the site to get a "handle" and what we are all dealing with here. In my case, the image in question is a "crowd scene". Like many people I immediately responded to Getty requesting a telephone conversation to discuss this issue since I have a policy of purchasing all the images I use and have accounts with suppliers. Of course, no response except a second letter followed by a third demanding I pay them $1200. It occurred to me then to take a much closer look and compare the images in question because "my image" is 2 or 3 times the size of the example they sent me. Using a magnifying glass I could identify certain people who were common to both images however there were scores more people on my image that do not appear on Gettys and, likewise there are people on Gettys that do not appear on mine. So we are talking about a clutch of people that are common to both. To me this means there are large and small versions of the image as is often found when purchasing images (there are variants on a theme).
I then used Tineye to scan for my image. 2 came up, neither of them on "image sites". Neither was a match, nor even close. One appears in an online Arabic journal.
I have taken advice from my UK lawyer who doubts that Getty have much of a leg to stand on. However he advised that "using part of an image" could bean infringement but nevertheless to do the following: 1 – request proof of ownership of images from Getty, 2 – ask them how they have calculated the level of their "loss" as the scale of charge they are trying to "extort" when similar "crowd scene" images can be purchased for $7. 3 – how they justify their claim that the two images that differ so markedly, are the same and, finally 4- Offer them the $7 that appears to be the going rate for a crowd scene.
He also advised that, in the UK, before they can bring a claim to court they have to be able to present a reasonable case. He advised that if they were to use debt collectors, these people have absolutely no power, jurisdiction or rights with regard to me since I have no contract with them and I should just ignore them. So far I have received no response from Getty and I await now to see if they respond to the points above.
I then used Tineye to scan for my image. 2 came up, neither of them on "image sites". Neither was a match, nor even close. One appears in an online Arabic journal.
I have taken advice from my UK lawyer who doubts that Getty have much of a leg to stand on. However he advised that "using part of an image" could bean infringement but nevertheless to do the following: 1 – request proof of ownership of images from Getty, 2 – ask them how they have calculated the level of their "loss" as the scale of charge they are trying to "extort" when similar "crowd scene" images can be purchased for $7. 3 – how they justify their claim that the two images that differ so markedly, are the same and, finally 4- Offer them the $7 that appears to be the going rate for a crowd scene.
He also advised that, in the UK, before they can bring a claim to court they have to be able to present a reasonable case. He advised that if they were to use debt collectors, these people have absolutely no power, jurisdiction or rights with regard to me since I have no contract with them and I should just ignore them. So far I have received no response from Getty and I await now to see if they respond to the points above.