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« on: January 22, 2013, 04:52:59 PM »
Of course this would happen. 2 days ago I posted an update that nothing has happened in months. Today I got the following email:
Our file no XXXXXX
Re: Getty Images/Company Name
Settlement Offer:$1050.00
Please be advised that NCS has been retained by Getty Images with regard to the settlement of an image infringement claim in the above referenced matter. In that regard, we have been assigned this file, and have attached hereto copies of the letter previously sent by our client together with copies of the unauthorized images and the capture of said images on your website. Our client has attempted to resolve this claim by communicating with your company directly, but has been unable to do so. Our goal is to resolve this claim on an amicable basis, without having to resort to further action in this regard. We do have some flexibility with the amount claimed if this is resolved immediately. Alternatively, if we cannot settle this imminently, we would be obligated to refer the file back to our client for further action including the potential initiation of suit. It would be preferable to settle this matter upon terms agreeable to both parties, and to avoid the time and expense of potential protracted litigation. We trust that we can resolve this amicably, and we look forward to hearing from in this regard upon receipt of this email.
Our client understands that a third-party designer, employee or intern may have been contracted to design and develop your company’s website. However, if no licenses for use of the images from our client exist, the liability of any infringement ultimately falls on the company displaying the imagery, which is considered the end user. If this situation applies to your company, please contact the third-party to inquire if there are any licenses from our client for the specific use of the images in question. If this is the case, please contact us as soon as possible to provide the invoice number or sales order number information and we will research accordingly. If a third party who supplied the images is willing to settle on your behalf, that third party may contact us to settle this matter. If the third party is unable or unwilling to settle on your behalf, we will continue to pursue your company as the end user of the image. Any pursuit by you of reimbursement from the third party would be between you and the third party, separate from our claim against you.
While we appreciate the removal of the represented images from your website, removal of the images alone does not settle the matter. Since your company has already infringed the copyright by using the image without a valid license, the photographers are entitled to compensation for the use of their work. Therefore, our client will continue to pursue settlement of the demand. We are seeking payment for the unlicensed use of the images.
This is an effort to effect a settlement and any information obtained will be used for that purpose.
Sincerely,
Darlene Connor
Recovery Specialist
NCS IP Solutions LLC
393 Interstate Blvd.
PO Box 50276
Sarasota, FL 34232
T - 941-371-9900x220
F - 941-371-9901
THIS IS AN EFFORT TO EFFECT A SETTLEMENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Any advice anyone?
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