Retired Forums > UK Getty Images Letter Forum

An update from 2013

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Cliff61:
I was contacted by Getty at the start of 2013. I replied asking for proof they owned copyright, I think they replied, but can't remember for sure. But by that time, after reading posts on here, I was pretty confident they were playing the numbers game, if they contact enough people some will pay. Anyway I didn't do anything and haven't heard from them in over 3 years now.

DavidVGoliath:

--- Quote from: Cliff61 on November 04, 2016, 03:35:52 PM ---Anyway I didn't do anything and haven't heard from them in over 3 years now.
--- End quote ---

You should be aware that there are no statute of limitations for claims of Copyright Infringement in the UK courts; this has been confirmed by the case ruling Fisher v Brooker & Ors [2009] UKHL 41 (30 July 2009)

So: although the likelihood of Getty (or any other claimants) bringing a court case for infringement might diminish over time, there is certainly no bar to them doing so.

victim2:
I think there is a real risk this forum and others may fall victim to its own success. The near universal advice on here and other similar forums is ignore the claim. I would imagine the vast majority of defendants do ignore the claim. Sooner or later Getty is going to wake up to the realisation that its actually more trouble to send 10 letters and do nothing than it would be to send one letter followed by an N1 claim form. 

I know a number of artists who claim for themselves and they don't wait around sending gazillions of letters that all end up in the bin. They write one or two letters and then its straight in with a claim at the Intellectual Property Enterprise Court. 

Matthew Chan:
That is incorrect. Many of us do not tell people to ignore a claim but if someone refuses to pay or negotiate a settlement, that leaves few options.  Then, it defaults to "ignoring" it.  And most of the information on these forums is geared towards the US victims. This forum is simply a place for UK posts.

And regarding Getty filing lawsuits, maybe they will, maybe they won't. I can't speak for the UK but I don't imagine that losing a lawsuit automatically means money appears out of thin air. Lawsuits have a way of driving people underground and forcing people to shift and hide their money.

Certainly, if Getty or anyone else in the UK can expend money for expensive lawyers and file all the lawsuits they want. But against smaller parties, I think the collection rate rate would be low. Many would not show up. And even if there was a judgment against a defendant, I predict many defendants would simply go underground and move their money to make sure it is inaccessible.

If filing lawsuits and collecting money were so easy, there would be no need for extortion letters and all the cajoling, intimidating, and manipulation to get people to pay.


--- Quote from: victim2 on May 10, 2018, 03:24:46 PM ---I think there is a real risk this forum and others may fall victim to its own success. The near universal advice on here and other similar forums is ignore the claim. I would imagine the vast majority of defendants do ignore the claim. Sooner or later Getty is going to wake up to the realisation that its actually more trouble to send 10 letters and do nothing than it would be to send one letter followed by an N1 claim form. 

I know a number of artists who claim for themselves and they don't wait around sending gazillions of letters that all end up in the bin. They write one or two letters and then its straight in with a claim at the Intellectual Property Enterprise Court.

--- End quote ---

DavidVGoliath:

--- Quote from: Matthew Chan on June 22, 2018, 01:54:14 PM ---Certainly, if Getty or anyone else in the UK can expend money for expensive lawyers and file all the lawsuits they want. But against smaller parties, I think the collection rate would be low. Many would not show up. And even if there was a judgment against a defendant, I predict many defendants would simply go underground and move their money to make sure it is inaccessible.
--- End quote ---

Civil procedure is quite simple in the UK for the vast majority of claims and, if someone sticks their head in the sand after receiving a court judgement, a claimant can even apply to the High Court to have enforcement officers recover any monies owed to them; these officers have broad powers to seize cash or other assets/goods that can be auctioned off to meet all or part of the total sum (which, if it reaches that stage, will have accrued considerable additional fees for all the enforcement steps).


--- Quote from: Matthew Chan on June 22, 2018, 01:54:14 PM ---If filing lawsuits and collecting money were so easy, there would be no need for extortion letters and all the cajoling, intimidating, and manipulation to get people to pay.
--- End quote ---

As simplistic as the small claims (£10,000 or less) process is, there are rules to follow (https://www.justice.gov.uk/courts/procedure-rules/civil), and part of those rules means that claimants must show that they have attempted to settle a matter outside the courts before filing an action... otherwise, they risk censure and having their claim (temporarily) thrown out. That's why letters/emails are always the first steps in any claims process.

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