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Getty Images Letter Forum / Re: Trunk Archive Letter (Getty?)
« on: March 04, 2015, 02:33:49 PM »
that 'how-to' re: picscout is pretty informative, Robert. Thank you.
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Getty Images Letter Forum / Re: Trunk Archive Letter (Getty?) - 2nd letter, new 'entity'
« on: March 04, 2015, 11:40:58 AM »
First of all, thank you to ALL responders - it is very much appreciated, and I realize this is going to be an arduous, frustrating process.
I am looking into the 30 minute call with Matthew, as well as doing my Oscar's Letters research tonight. Here is an update: WE RECEIVED ANOTHER LETTER TODAY from the same address, company named OTTO. Luckily (I suppose) everything is already removed/private, but here is the verbiage:
License Compliance Services, OTTO.
605 Fifth Avenue South Suite 400 Seattle, WA 98104, United States
Email: LCS@ottoarchive.com ,Telephone: +1 855 387 8725.
04-Mar-2015
Case Ref:xxxxxxx
Dear xxxxx,
It has come to the attention of OTTO that imagery represented by OTTO is or has 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://LCS.ottoarchive.com
Using imagery of OTTO without a valid license is considered copyright infringement (Copyright Act, Title 17, United States Code) entitling OTTO to seek compensation for infringing uses.
TO RESOLVE THIS MATTER - (Case Ref:xxxx)
You are requested to take action within 10 business days of the date of this email, as follows:
If your company has a valid license/authorization for the use of the imagery, please email the license purchase/authorization information to LCS@ottoarchive.com.
If your company does not have a valid license for the use of the imagery:
A $8580.00 settlement payment should be remitted (see payment options below).
We are willing to offer you, ex gratia, a 20% discount off the abovementioned settlement payment amount, provided that you submit payment within 10 business days from the date of this email. Failure to do so will result in the settlement amount being returned to its original amount upon the expiration of the aforesaid time period.
Cease using the imagery immediately
IMPORTANT NOTES
Ceasing use of the imagery does not release your company of its responsibility to pay for the imagery already used. As the unauthorized use has already occurred, payment for that benefit is necessary.
You may have been unaware that this imagery was subject to license. However, copyright infringement can occur regardless of knowledge or intent. While being unaware of license requirements is unfortunate, it does not change liability.
REMITTANCE PAYMENT OPTIONS
Online payment: You can remit your payment online at: https://LCS.ottoarchive.com
Check payment: You can remit payment by check to:
License Compliance Services, Picscout Inc.
605 Fifth Avenue South, Suite 400, Seattle, WA 98104, United States
Please include Reference Number with check payment.
Alternatively, you may contact us at +1 855 387 8725.
OTTO is committed to protect the interests, intellectual property and livelihoods of its contributors.
We believe that prompt cooperation will benefit all concerned parties. If you would like to continue to use the imagery in question, or if you believe you have mistakenly received this letter, please contact us by email at LCS@ottoarchive.com, or call +1 855 387 8725 and we will assist you.
This letter is without prejudice to OTTO’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services, OTTO.
LCS@ottoarchive.com
I am looking into the 30 minute call with Matthew, as well as doing my Oscar's Letters research tonight. Here is an update: WE RECEIVED ANOTHER LETTER TODAY from the same address, company named OTTO. Luckily (I suppose) everything is already removed/private, but here is the verbiage:
License Compliance Services, OTTO.
605 Fifth Avenue South Suite 400 Seattle, WA 98104, United States
Email: LCS@ottoarchive.com ,Telephone: +1 855 387 8725.
04-Mar-2015
Case Ref:xxxxxxx
Dear xxxxx,
It has come to the attention of OTTO that imagery represented by OTTO is or has 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://LCS.ottoarchive.com
Using imagery of OTTO without a valid license is considered copyright infringement (Copyright Act, Title 17, United States Code) entitling OTTO to seek compensation for infringing uses.
TO RESOLVE THIS MATTER - (Case Ref:xxxx)
You are requested to take action within 10 business days of the date of this email, as follows:
If your company has a valid license/authorization for the use of the imagery, please email the license purchase/authorization information to LCS@ottoarchive.com.
If your company does not have a valid license for the use of the imagery:
A $8580.00 settlement payment should be remitted (see payment options below).
We are willing to offer you, ex gratia, a 20% discount off the abovementioned settlement payment amount, provided that you submit payment within 10 business days from the date of this email. Failure to do so will result in the settlement amount being returned to its original amount upon the expiration of the aforesaid time period.
Cease using the imagery immediately
IMPORTANT NOTES
Ceasing use of the imagery does not release your company of its responsibility to pay for the imagery already used. As the unauthorized use has already occurred, payment for that benefit is necessary.
You may have been unaware that this imagery was subject to license. However, copyright infringement can occur regardless of knowledge or intent. While being unaware of license requirements is unfortunate, it does not change liability.
REMITTANCE PAYMENT OPTIONS
Online payment: You can remit your payment online at: https://LCS.ottoarchive.com
Check payment: You can remit payment by check to:
License Compliance Services, Picscout Inc.
605 Fifth Avenue South, Suite 400, Seattle, WA 98104, United States
Please include Reference Number with check payment.
Alternatively, you may contact us at +1 855 387 8725.
OTTO is committed to protect the interests, intellectual property and livelihoods of its contributors.
We believe that prompt cooperation will benefit all concerned parties. If you would like to continue to use the imagery in question, or if you believe you have mistakenly received this letter, please contact us by email at LCS@ottoarchive.com, or call +1 855 387 8725 and we will assist you.
This letter is without prejudice to OTTO’s rights and remedies, all of which are expressly reserved.
Sincerely,
License Compliance Services, OTTO.
LCS@ottoarchive.com
3
Getty Images Letter Forum / Trunk Archive Letter (Getty?)
« on: March 03, 2015, 02:01:58 PM »
I apologize if this is the wrong forum, but I did a search for 'Trunk Archive' and could find nothing.
I've already had one settlement (settled for $300) - with Getty - so I'm 'somewhat' familiar with the process. . .only this time the bill is $12,800 for about 15 instances on my wife's blog. The legal address of the letter is the same as Getty, but it's from "Trunk Archive" which means its a separate entity, or somebody they purchased?
Regardless, the letter/link is below - my wife's blog has never generated a penny, but she does run a small interior design firm that generates very little revenue, and it's irrelevant to the images - she's a kids room & nursery designer, these images are all high-end fashion. I also notice that the dates of the screencaptures in their letter are from July, 2014 - why would they have waited so long to notify us of this claim? Perhaps more importantly, my wife has completely overhauled her site to focus on the nursery design business and these posts are no longer even part of her blog. Is the fact that the site was taken down prior to notification a way to avoid these fees? Thank you for the help/insight, here is the letter and please let me know what else I can provide to learn more about fighting this letter:
License Compliance Services on behalf of © Trunk Archive.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
03-Mar-2015
Case Number: xxxxxxxx
Dear xxxxxxx,
It has come to our attention that an image or image(s) represented by Trunk Archive is (are) being used online by your company. Trunk Archive does not have a license agreement on file for this particular use. It would be greatly appreciated if you could let us know how the image(s) were sourced.
To view the image(s) and how it (they) are used please go to: https://LCS.trunkarchive.com(redacted)
If you do have a valid license agreement, please send us a copy of the license agreement within 5 business days at LCS@trunkarchive.com or call us at +1 855 387 8725, and we will update our records accordingly.
If you do not have a valid license, please go to https://LCS.trunkarchive.com in order to settle this matter.
Thank you very much for your cooperation, and please feel free to contact us with any question, or if you think you have received this letter by mistake.
Sincerely,
License Compliance Services on behalf of © Trunk Archive.
LCS@trunkarchive.com
I've already had one settlement (settled for $300) - with Getty - so I'm 'somewhat' familiar with the process. . .only this time the bill is $12,800 for about 15 instances on my wife's blog. The legal address of the letter is the same as Getty, but it's from "Trunk Archive" which means its a separate entity, or somebody they purchased?
Regardless, the letter/link is below - my wife's blog has never generated a penny, but she does run a small interior design firm that generates very little revenue, and it's irrelevant to the images - she's a kids room & nursery designer, these images are all high-end fashion. I also notice that the dates of the screencaptures in their letter are from July, 2014 - why would they have waited so long to notify us of this claim? Perhaps more importantly, my wife has completely overhauled her site to focus on the nursery design business and these posts are no longer even part of her blog. Is the fact that the site was taken down prior to notification a way to avoid these fees? Thank you for the help/insight, here is the letter and please let me know what else I can provide to learn more about fighting this letter:
License Compliance Services on behalf of © Trunk Archive.
605 Fifth Avenue South, Suite 400
Seattle, WA 98104
United States
03-Mar-2015
Case Number: xxxxxxxx
Dear xxxxxxx,
It has come to our attention that an image or image(s) represented by Trunk Archive is (are) being used online by your company. Trunk Archive does not have a license agreement on file for this particular use. It would be greatly appreciated if you could let us know how the image(s) were sourced.
To view the image(s) and how it (they) are used please go to: https://LCS.trunkarchive.com(redacted)
If you do have a valid license agreement, please send us a copy of the license agreement within 5 business days at LCS@trunkarchive.com or call us at +1 855 387 8725, and we will update our records accordingly.
If you do not have a valid license, please go to https://LCS.trunkarchive.com in order to settle this matter.
Thank you very much for your cooperation, and please feel free to contact us with any question, or if you think you have received this letter by mistake.
Sincerely,
License Compliance Services on behalf of © Trunk Archive.
LCS@trunkarchive.com
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