Messages

1

Getty Images Letter Forum / Re: Getty Images Letter - Canadian website

« on: December 19, 2011, 02:41:44 PM »

should i just email that david then with a digital copy of the invoice with the template #, my current transaction ID from template monster and my case?

i'm sorry to be such a pain - it's hard not to panic about this when we are such a small business.

2

Getty Images Letter Forum / Re: Getty Images Letter - Canadian website

« on: December 19, 2011, 11:45:19 AM »

I purchased another template just to be safe - maybe i can speak to someone? another thread suggested this person

Dave Wojtczak
Manager, Copyright Compliance
Getty Images david.wojtczak@gettyimages.com Getty Images Headquarters
601 North 34th Street
Seattle, WA 98103 USA
Phone: 1.206.925.6796
Fax: 1.206.925.5001
 

i have the invoice from 2005 with the original purchaser with the info about the template including all the files included in the $49 purchase (fyi i paid double the actual purchase price on TM). it doesnt include any other information such as transaction ID or order number.

should i bother contacting them again or just leave it?

3

Getty Images Letter Forum / Re: Getty Images Letter - Canadian website

« on: December 19, 2011, 08:54:51 AM »

the person who originally purchased the template from template monster did so in their own name and not in our company name. also they are not associated with our business at all nor am i able to make contact with them.

should i just purchase another copy of the template in my company name and send GI the transaction ID and explain the situation?

this has to happen all the time.


does someone have a person i should directly contact at GI or templat monster regarding this?

4

Getty Images Letter Forum / Re: Getty Images Letter - Canadian website

« on: December 18, 2011, 01:25:21 PM »

i dont know if i still have an invoice from template monster. i will look.

if i can find it - should i simply email them a digital copy? plus the screenshots of the image with the royalty free for commercial use & sale price?

is there another resource for canadian laws that are similar or the same as these?

5

Getty Images Letter Forum / Getty Images Letter - Canadian website

« on: December 18, 2011, 11:29:16 AM »

I received a letter from Getty Images on December 16th, 2011 for a single image in the amount of 1130.00 USD. It is on our business website - and was purchased as part of a template in 2005 but only been in use on the website for 1 year. the complete image was NOT included in the template when it was purchased. I have since removed the image from the site.

the image is now listed on their site at $10 royalty free for commerial use. i am confused how they came up with such a large "settlement".

i have done some research and I was directed to this information

...that the DMCA section 512 which gives safe harbor to those who purchased previously unlicensed images...

The Copyright, Designs and Patents Act 1988 (c. 48)
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."

"It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety." 

is ths information valid to canadians? and how do i proceed from here? should i write them a letter?