Messages

121

UK Getty Images Letter Forum / Re: Help! Debt collection letter arrived

« on: June 18, 2012, 11:19:22 AM »

Here you are

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf

"What if the debt is not yours or you have paid your debt?
If you don't think the debt is yours, you don't think you owe the amount being asked for
or if you have already paid the debt, tell the debt collector immediately. 
You don't have to give any documentation to the debt collector. They must provide
information to you to prove you owe the money."

I'm not a lawyer but proof of the debt would surely have to be a contract between you and Getty stating the terms of the contract and have your signature or e-signature and date. Since that doesn't exist neither does the debt.

122

UK Getty Images Letter Forum / Re: Help! Debt collection letter arrived

« on: June 18, 2012, 11:11:31 AM »

There can't be a debt without a contract. Just reply stating that you have never entered into any contract with Getty and unless a valid contract is produced you will not enter into any further communication. I'd also mention that you periodically check your credit history and if you notice anything untoward on your credit history you will be seeking legal representation.

I'd be surprised if you ever heard from them again.

123

Getty Images Letter Forum / Re: Getty Images Extortion Letter with Sales Tax

« on: June 18, 2012, 09:05:33 AM »

I'm unfamiliar with US law but as has already been mentioned they do charge VAT here in the EU. That to me suggests they are trying to form a sale contract rather than a legal settlement which is why I have long held the view that the reason they do not take any cases to court is because there are very strict laws regarding forming contracts that would not side well with them.

If adding sales tax in the US means they are trying the same thing then would that not strengthen the letter recipients position because any contract can be negotiated and a judge would surely not look favourably on a company threatening legal action to try to complete the contract?

124

UK Getty Images Letter Forum / Re: Another UK Getty 'Love Letter'

« on: April 18, 2012, 05:00:49 AM »

Hey amigo :p

Aside to what you have stated, which seems like a pretty good first step, just remember when replying not to provide more information than is required to make your point. Do not attempt to be 'clever' by making unnecessary statements because it will make you stand out, which paints you as a potential target. Try to be as bog standard boring in your reply as possible. Keep it factual and read it through a couple of times before sending it to ensure you remove anything emotive.

In turn they will send you a bog standard reply and you can follow that merry-go-round until they realise you aren't an easy target and not worth the resources pursuing.

Good luck.

125

UK Getty Images Letter Forum / Speculative Invoicing

« on: April 13, 2012, 10:19:12 AM »

This actually revolves around the P2P file sharing lawsuits of a few years ago but this guide covers general points in dealing with speculative invoicing in the UK. It may or may not be helpful to those who have received the letter from Getty or similar.

http://torrentfreak.com/static/The-Speculative-Invoicing-Handbook.pdf

It probably isn't anything new but may be of use for people looking for information in one place rather than searching through forums.

126

UK Getty Images Letter Forum / Re: Letter from Getty's solicitors re. Getty settlement demand (London, uk)

« on: March 21, 2012, 11:52:44 AM »

Good luck whatever route you take.

In answer to your question about VAT, it's an EU rule that sales by a company to an individual resident in the EU must be charged VAT at the rate of the country the company is registered in.

Getty are registered in Ireland (for obvious tax advantageous reasons) and the VAT rate there is 21% (or it was when I last checked).

127

UK Getty Images Letter Forum / Re: UK Query

« on: March 21, 2012, 11:47:16 AM »

I can see why a UK "you win or it's free" legal service would be so lucrative.
Not mentioning any names... just sayin'...

S.G.

I can see it as well, if in fact this snippet from the law applies, there would be very few "losses", which is also another reason Getty rarely files suit..they basically have no case. I hope someone can confirm this as factual UK law.

Those legal points in the UK have been debated on many a forum. The general consensus is that they would not apply to most copyright infringements because ignorance of the law is not a valid defence. So if an image was obtained from google or through a web design company, if you didn't specifically obtain confirmation of who held the copyright you are liable.
It would also be very difficult to prove the intent of the Getty letters is to cause harassment as they could argue they are simply enforcing their contractual obligation with the photographer to seek redress for copyright infringement.

Of course, in the unlikely event it did go to court you'd be able to fight on those grounds but you'd need very deep pockets. Something Getty is only too aware of.

128

Getty Images Letter Forum / Re: Looking to other extortion industries

« on: March 13, 2012, 09:54:00 AM »

Yes it did seem a good letter.

Unfortunately I don't know the person myself but I may enquire via their blog how their reply panned out. Most likely, if action was not going to be pursued, the parking enforcement company wouldn't even bother replying. Most of them are not very well organised unlike Getty.

It would be helpful to get a legal opinion on whether any of the points would be relevant in replying to a Getty letter but I don't personally know a legal professional trained in copyright. I do have a friend who is a barrister in a different field but I may ask them if they know somebody who would offer their opinion on this next time I see them. If that happens I will post an update here.

129

Getty Images Letter Forum / Looking to other extortion industries

« on: March 13, 2012, 09:12:48 AM »

Good afternoon.

I've been following this site for a little while with some interest. I haven't personally been victim to the Getty letter but I do know a company who was in the UK. I won't bore you with the details because it followed a similar pattern to most other stories here.

I was reading an article the other day about a challenge somebody had made to a parking charge notice issued by private companies and not the local council for parking on private land. The view here in the UK is that they have long been extorting people into paying unreasonable sums in much the same manner as Getty.

The article I refer to was a reply somebody had sent one of these companies which seemed very comprehensive. I do not work in the legal profession but wondered whether any of the points raised would also apply when replying to a Getty letter in the UK if that is the course of action taken.

Article can be viewed here: http://www.babybarista.com/2012/03/09/a-challenge-to-a-private-parking-charge-notice-issued-at-the-car-park-of-the-aggi-in-braunton/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+babybarista+(BabyBarista)

I believe that where no infringement had been proven you would be effectively entering into a contract by paying Getty on the basis of one of their letters and the reply in that link raises some interesting points about contract negotiation. The further information section also highlights some possibly useful avenues to pursue.

Food for thought perhaps.