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Getty Images Letter Forum / Getty Rights Managed image?
« on: February 04, 2016, 07:26:26 PM »
So, we got a Getty Letter regarding an image we'd found on another website indicating it was free to use...and you guys know the rest of that story.
When we got the letter I looked up info online, and started to follow it...first I responded to Getty noting that we'd taken the image down, were unaware it was a licensed item, etc. I then went to several online photo places and found many similar images to do a Fair Market Value compairson, as the online advice I'd found suggested. I then offered to settle the matter for what was the FMV - about $10, as opposed to the $520 that Getty wants.
Naturally they declined that, and countered the attempt to find FMV with this:
So...2 things: one, the website is for a (very) small business - it's not just a blog. Second, is there actually merit to what they're saying as a differentiation between royalty-free and rights-managed images - as it would pertain to us, I guess? We had it in one place on a subpage of the website, at 200x200 pixels.
Also, again following advice I'd seen online, in response to that I sent a note back reiterating our offer and then asking for proof of their rights to manage the image, proof of copyright and chain of title, an explanation to how they came up with it's price, and sales information. They responded with a link to the image on their sight as proof of their rights to manage it, and then said they don't need to provide copyright proof as they're "only trying to recover their own damages." And then:
With them insisting that we owe them $520.
I recognize that our situation may be different than the norm - granted that it's a business website, and perhaps a different class of image. I would greatly appreciate any feedback anyone could provide. They've set a very short pay-by date..."or else."
When we got the letter I looked up info online, and started to follow it...first I responded to Getty noting that we'd taken the image down, were unaware it was a licensed item, etc. I then went to several online photo places and found many similar images to do a Fair Market Value compairson, as the online advice I'd found suggested. I then offered to settle the matter for what was the FMV - about $10, as opposed to the $520 that Getty wants.
Naturally they declined that, and countered the attempt to find FMV with this:
Quote
The image at issue in this settlement is a Getty Rights Managed (RM) image, exclusively available for license through Getty Images and would have required the appropriate licensing prior to its use on your website. Getty Images has been unable to find the necessary licenses for this use.
As you may know, Getty Images is one of the leading providers of Royalty Free (RF) imagery and Rights Managed (RM) imagery.
• RF imagery can be licensed with a one-time fee and can be used in a flexible manner for an unlimited duration of time.
• RM imagery has a very restrictive licensing model that limits use of an image to the specified size, type of use, placement, and duration of use set forth in the license. RM licenses are not transferrable. That is to say, a specific license is required for the use of the image on any given website.
The “Fair Market Value” comparison refers to Royalty Free images, as stated previously the image in question is Rights Managed.
We license millions of images each year at fair market prices. There is no need to speculate as to what the cost of a license for a rights managed image would be. We offer an online price calculator that provides transparent pricing. The offer of settlement in this case is based on established rates for like license terms of images of like quality. In fact, it goes further and it is based on the exact license terms you would have required for the exact image. Your reference to the pricing of royalty-free imagery is not valid in this case.
So...2 things: one, the website is for a (very) small business - it's not just a blog. Second, is there actually merit to what they're saying as a differentiation between royalty-free and rights-managed images - as it would pertain to us, I guess? We had it in one place on a subpage of the website, at 200x200 pixels.
Also, again following advice I'd seen online, in response to that I sent a note back reiterating our offer and then asking for proof of their rights to manage the image, proof of copyright and chain of title, an explanation to how they came up with it's price, and sales information. They responded with a link to the image on their sight as proof of their rights to manage it, and then said they don't need to provide copyright proof as they're "only trying to recover their own damages." And then:
Quote
Your request for license data is not relevant, as our settlement offer addresses the cost of a license for your specific use.
With them insisting that we owe them $520.
I recognize that our situation may be different than the norm - granted that it's a business website, and perhaps a different class of image. I would greatly appreciate any feedback anyone could provide. They've set a very short pay-by date..."or else."