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« on: June 06, 2013, 12:11:54 PM »
******************UPDATE*************
I recently received a 2nd email from Getty (that is now 1 postal and 2 email contacts). This email has said that they have not received payment, and the matter will be passed onto the legal dept. should the amount not be received in the next 7 days.
I replied to them asking for proof of ownership as per another thread on here. The reply to that email (I have now decided to put it up) is below - basically states they will only show ownership proof should the matter go to court. This email was received ~2 months ago - the matter above was the follow up to the below.
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Copyright exists upon the moment of creation. The mere existence of the imagery protects it under copyright law. Getty Images represents the photographer who owns the copyright in these images. Getty Images is bound by contract with its contributing photographers to obtain and share the royalties payable for the use of their images and to uphold and defend their copyright in their works. Rights Managed images, such as the ones at issue, are exclusive to Getty Images and available for license only through our website. Therefore, when copyright infringement occurs, Getty Images is entitled to legal redress.
Please find below the links to our watermarked copies of the imagery as evidence of our rights in the same.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Should you dispute our exclusive right to grant licenses for this image, please send us written documentation by the relevant photographers XXXX and XXXX containing their approval for the image to be used for commercial purposes.
Guarantees and any original documents such as photographer contracts or proof of copyright ownership are confidential and will only be made available in court by our lawyers, but not during an out-of-court settlement.
Unauthorised use is not priced in the same way as a previously arranged and correctly licensed image sale. The settlement amount accounts for the losses incurred as a result of the unauthorised use, including, but not limited to, lost licensing fees. Getty Images has incurred additional losses as a result of pursuit of the unauthorised use, therefore list prices do not apply once an infringement has been identified. If we were to charge the regular licensing fees, we would be encouraging people to infringe. Therefore, Getty Images must, in cases of copyright infringement, pursue these matters in order to dissuade copyright infringement through these measures.
Although the removal of the image is appreciated, it has been visible through your commercial website. Therefore, Getty Images and its represented photographers must still receive remuneration for the prior unauthorised use.
In order to settle the matter promptly and amicably, Getty Images is willing to offer you a 20% reduction on the original settlement demand and accept GBPXXXX gross (including 23% IRL VAT as per 01/01/2012) or GBPXXXX net in settlement if payment is received by XXXXX (date has well passed). If you are VAT registered, please inform us of your VAT number before paying the settlement amount so the VAT can be deducted.
Getty Images makes this offer without prejudice and reserves all rights and remedies available under copyright law. Getty Images shall keep the terms of this settlement confidential, except as required by law.
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