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Author Topic: Another UK Getty 'Love Letter'  (Read 8377 times)

amigo

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Another UK Getty 'Love Letter'
« on: April 17, 2012, 01:33:02 PM »
I love this site, has been a great and calming resource for me since I received my Getty UK letter this morning.

So a bit of background about my situation.

As with probably a lot of other people, I found a great image for my 'About me' page for my social media consultancy services website through a Google Images search. This was probably ummm end of September/early October 2011.

Put the image up on the site, let it sit happily for 6 months - obviously ignorant to any kind of copyright breach or anything of the sort.

As I got more educated about online IP and copyright, I become more and more careful about my use of images on pages and blog posts. However I completely forgot about this particular image.

So anyway I received my Getty letter this morning and after an initial panic, found this site and calmed down a LOT.

Its the standard one, asking for £800 plus £184 VAT for this particular image.

I have removed it from my site - I have also done a thorough check of all my other sites to make sure I haven't got any more breaches and when in doubt, deleted images.

Strange thing is that the letter is dated 11 April. But the screenshot of my site is from an old design, which I got rid of about a month ago.

Having read through this stuff, I understand that the next step is to respond to Getty in writing, either by letter or by email I guess.

I just need a bit of help on what to put in the letter. What I have gathered is that it will be something along these lines, and with a stern tone:

- Confirm removal of image
- Ask them to prove exclusive copyright of image in question
- Ask them for how they calculated amount due
- Do I offer a settlement amount (something along the lines of or do I wait to hear back from them on the above first?

If it came to it I would pay, as the image was on my site and ignorance isn't a defence in UK law, however an arbitrary sum with no back up and threatening letter isn't going to get it out of me.

I only started my business a few months ago, and still do almost all my work for free to just try and build a reputation so not sure how I'd be able to pay the full amount.

Would really appreciate any help.

Thanks

Couch_Potato

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Re: Another UK Getty 'Love Letter'
« Reply #1 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.

amigo

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Re: Another UK Getty 'Love Letter'
« Reply #2 on: April 18, 2012, 06:44:10 AM »
Thanks Couch Potato.

That was more or less my plan, a short letter basically along the lines of...

--------------------
Dear Blah Blah Blah

The image has been removed.

My legal representative has advised me to obtain the following:
- Please provide evidence of your ownership of exclusive copyright
- Please provide a detailed explanation of how the amount due was calculated.

I look forward to receiving your reply so that we may resolve this amicably and quickly, as your letter also stated you wish to do.
---------------

All completely reasonable requests me thinks.

gettyouty

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Re: Another UK Getty 'Love Letter'
« Reply #3 on: May 08, 2012, 01:17:29 PM »
Hey i have been lurking round these boards since i got my getty letter! Looked all over the net and decided this was the most sensible action to take (SEE ABOVE)

Well, i got a return today!
the basics are that they are happy i contacted them, and followed on to tell me "Copyright exsists upon the moment of creation".. and how they represent the photographer and claim the image was is only avaliable exclusively via the website.. NOW to me this isnt proof?? this is just "im telling you we have it" not "here it is?"

Also, they told me the calcuated the price by taking in to consideration possible revenue lost by photograther + the time it took to pursue me (that 1x letter now 2) .. they also offered me a 25% reduction to settle this week..

SO, what do i do now??
I asked for proof they had exclusive rights to it?
they pretty much claimed they did, and went on to say that should i dispute it, i should have written consent from the aforemention photograther

I asked how they worked out the price?
they told me, weither i agree with it is another matter..

Right now im stuck, OK i just saved myself £200 by contacting them, but they are still asking a huge amount for 1x image,

Do i pay up and shut up? or do i push for a bigger reduction?

I know they don't care and im sure they hear it all the time, but the website it was on was made for FREE for a local one off charity event.
No revenue was made by me or the organisers. The image was used innocently by a 3rd party, I understand we often have to pay for our mistakes, but I still think what they are asking for is way to much. I found VERY similar images (100s of them) on various other photo websites for less then £1 along with plenty for free

*note.. SORRY if i have hijacked this thread, I just figured as i had used the advice i got from this topic i should give back what it has acheived so far..

Robert Krausankas (BuddhaPi)

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Re: Another UK Getty 'Love Letter'
« Reply #4 on: May 08, 2012, 01:38:52 PM »
did i just read, the sire made no money? zero, nada, nil?? and was for a volunteer org, or non-profit?? If so I would refer them to the video of the CEO Jonathan Klien stating"...Getty doesn't mind people using their images, if their is no money involved...." that "may" make them backtrack, or at the very least, put them in an uncomfortable position. You could also re-iterate the fact that they did not supply you proof of anything, and they are just "claiming" they have exclusive license, much the same they are "claiming" you owe them money..welcome to the merry go round..fight on your terms not theirs, turn it around on them.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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gettyouty

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Re: Another UK Getty 'Love Letter'
« Reply #5 on: May 08, 2012, 01:47:18 PM »
Thanks for the reply, YEP the site made nothing, Zero, Zilch SWEAT FA..  I think your reply has made me definetly think I have got to at least let them know my position on this, the only fly in my ointment is the fact i am no longer in contact with the charity (as it was a one off). But the chairty is still running and the image / and website both clearly mention it was all for a good cause..

I guess at this point what do i have to lose? I am playing fair and by the book lets just hope they do

Mulligan

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Re: Another UK Getty 'Love Letter'
« Reply #6 on: May 08, 2012, 02:48:02 PM »
I am playing fair and by the book lets just hope they do

Getty doesn't play fair and Getty long ago tossed out the book of right and wrong. It's all about money for them and nothing else. Welcome to the merry go round.


gettyouty

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Re: Another UK Getty 'Love Letter'
« Reply #7 on: May 08, 2012, 04:33:29 PM »
I am playing fair and by the book lets just hope they do

Getty doesn't play fair and Getty long ago tossed out the book of right and wrong. It's all about money for them and nothing else. Welcome to the merry go round.

Something i am learning quickly.. Will be sending them an new letter containing the above info in the next couple of days, will keep you updated as to the responce

SoylentGreen

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Re: Another UK Getty 'Love Letter'
« Reply #8 on: May 08, 2012, 08:01:11 PM »
Just a side note to "Amigo".
Don't work for "free", brah.
You'll find that once you have to "charge" for your services, your "loyal customer base" will abandon you.
There's a HUGE market for "free work" which might give you the impression that there's a market for "paid work".
So, be careful.

S.G.


gettyouty

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Re: Another UK Getty 'Love Letter'
« Reply #9 on: May 21, 2012, 06:47:29 AM »
Quick update, i sent them reply explaining the situation, no money was made etc (which is totally true).

but after rewriting the letter a few times i couldnt seem to finish it with a decent "so this is what i want to do".. In the end i offered them 20% of there orignal price. Which they accepted, I must say soon as i recieved the reply i did think "DAMIT I SHOULD OF OFFERD THEM 1% or NOTHING AT ALL" but i am still alot better off than i was 2 weeks ago, and have a big weight of my shoulders

Fact is, i offered what i was happy to accept OBVIOUSLY i would of prefered ZERO but i just wanted it over and done with.. 

thanks to all those at ELI, for the help and infomation.

Robert Krausankas (BuddhaPi)

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Re: Another UK Getty 'Love Letter'
« Reply #10 on: May 21, 2012, 07:13:59 AM »
Quick update, i sent them reply explaining the situation, no money was made etc (which is totally true).

but after rewriting the letter a few times i couldnt seem to finish it with a decent "so this is what i want to do".. In the end i offered them 20% of there orignal price. Which they accepted, I must say soon as i recieved the reply i did think "DAMIT I SHOULD OF OFFERD THEM 1% or NOTHING AT ALL" but i am still alot better off than i was 2 weeks ago, and have a big weight of my shoulders

Fact is, i offered what i was happy to accept OBVIOUSLY i would of prefered ZERO but i just wanted it over and done with.. 

thanks to all those at ELI, for the help and infomation.

As long as you're happy with the outcome, knowing that you got raped, and gave them another "win", and have probably been required to sign a confidentiality agreement to boot..not the preferred outcome, but like you said, it's now off your back.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Mulligan

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Re: Another UK Getty 'Love Letter'
« Reply #11 on: May 21, 2012, 10:47:53 AM »
Let's see... first, I'm converting to U.S. dollars so my brain won't explode trying to do this in British currency...

With that in mind, 20% of $800 is $160.

This seems to me to be a huge change for Getty. If memory serves, I've never heard of them accepting an amount this low before to end the matter.

Granted, we're talking about a non-U.S. case here, so that may have something to do with it, but I'm wondering if Getty's shifting policy and accepting what many would call reasonable "settlement offers" from the folks they're trying to extract big money from? Given how the courts have ruled lately in the porn/IP cases, Getty would be wise to adjust downward their policies on settlement figures.

Gettyouty, I'm happy you're happy with the outcome of your case.

Robert Krausankas (BuddhaPi)

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Re: Another UK Getty 'Love Letter'
« Reply #12 on: May 21, 2012, 11:05:24 AM »
That is indeed a much lower amount, I hope my previous post did not come off sounding as being to harsh, so my apologies if it did.

I'm not clear on the what Getty was demanding from gettyouty, as I don't see the actual number mentioned..either way I still would have shoved Kliens video in their faces
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Mulligan

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Re: Another UK Getty 'Love Letter'
« Reply #13 on: May 21, 2012, 12:24:52 PM »
Buddhapi, you're right. I'm not sure that 800 British was the right figure to use, now that I've reviewed the posts. In any event, taking 20% of whatever the number was is a sea change, if Getty's accepting that percentage in the U.S. as well as in Great Britain.

Then again, perhaps it's all handled on an individual case basis, and this acceptance of 20% is not significant. Such a complicated game this is!

SoylentGreen

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Re: Another UK Getty 'Love Letter'
« Reply #14 on: May 22, 2012, 12:05:14 AM »
I've never really been a big proponent of communicating with the trolls, as most people here know.
Unless Getty provides proof of copyright to you, I wouldn't negotiate a settlement with them.

S.G.


 

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