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Author Topic: Atradius Collections (UK) Settlement Demand Letter on behalf of Getty Images UK  (Read 3478 times)

Matthew Chan

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It appears Getty Images UK is utilizing Atradius Collections to step up their collection activities. The Atradius letters are becoming much more common and I am getting more reports of them. I have posted a sample Atradius letter for Getty UK letter recipients to become familiar with. Getty UK letter victims can expect to see Atradius letters in the near future if they haven't already seen them.

https://www.scribd.com/doc/308908013/Atradius-Collections-UK-Settlement-Demand-Letter

Because ELI is primarily U.S.-based, I equate Atradius Collections as a hybrid of the U.S.-based McCormack Legal operation and the NCS IP operation. For UK victims, you can use that insight and apply it to your situation.

In the U.S., Yarsmuth Wilsdon law firm appears to have recently taken over the role McCormack Legal had for so many years prior. The primary difference is that McCormack never had any hand in any Getty Images lawsuits. Yarsmuth Wilsdon, in the last couple of years, have taken up the mantle of being the primary lawyers who file strategic lawsuits against hand-picked targets.

I bring this up because oftentimes Getty Images UK operation emulates the Getty Images U.S. operation. Getty UK victims can read up on the Getty U.S. operation to gain insights into their own situation.


=======================

Your reference :
Case Number : XXXXXXX
Amount : XXXX.00 GBP

Re : Unauthorised Use of Getty Images’ Photograph

Dear Sirs,

IMPORTANT: FAILURE TO RESPOND TO THIS LETTER MAY LEAD TO LEGAL ACTION BEING TAKEN AGAINST YOUR BUSINESS.

We have been advised by our client that you have used an image (or images) exclusively representated by Getty Images for online promotional purposes without purchasing a valid license for the use of the image(s).

Unauthorised use of the image(s) consitutes copyright infringement under the Copyright, Design and Patents Act of 1988. Please be aware that copyright legislation provides for strict liability, meaning that you can be found liable for infringement regardless of your level of knowledge of the infringement or your intent. A FAQ from Getty Images is enclosed for your information.

Our clients have provided you with a settlement demand together with a copy of the image(s) in question and the usage found on your company’s website.

We hereby demand payment of the full outstanding amount within 5 days of the date of this letter; payment should be transferred into our bank account 20423165 SORT CODE 20-18-15 IBAN Code GB38 BARC 2018 1520 4231 65 SWIFT Code BARCGB22 BARCLAYS BANK PLC CARDIFF BUSINESS CENTRE PO BOX N° 69 CF10 1SG CARDIFF, stating our reference number. If you prefer to pay by cheque, we instruct you to make the bank cheque(s) payable to ATRADIUS COLLECTIONS quoting our ref.

We urge you to comply with our request, if you do not respond we will have little alternative but to advise our clients to escalate this issue through a law firm. If done so, costs incurred, if legally recoverable, could be charged to you.

If you are experiencing any financial difficulties we are prepared to discuss the possibility of a payment schedule or reduced settlement upon receipt of evidence of your financial deterioration. Please contact us immediately with any payment proposal you may have.

If payment has already been made, or you believe you have received this letter in error, please inform us immediately.

Yours faithfully,

ROBERT BRISTOW
Atradius Collections
Tel. : +44 (0) 29 2082 4579
Fax : +44 (0) 29 2082 4508
r.bristow.collect@atradius.com

=========================

Frequently Asked Questions

Who is Getty Images?
Getty Images represents some of the world’s best photographers and filmmakers. Getty Images has contractual agreements with its photographers to represent certain Rights-Ready and Rights-Managed imagery exclusively and to license the use of these images to companies all over the world. The images Getty Images provides can be found in magazines, websites, and billboards, marketing collateral, product packaging and mobile devices, to name only a few. Getty Images, on behalf of itself and its represented photographers and artists, is committed to protecting its imagery from unauthorised use.

Somebody else created my company’s website.
Getty Images understands that a third-party designer, former employee, or intern may have been contracted to design and develop your company’s website. However, if no licenses from Getty Images exist, the liability of any infringement ultimately falls on the company (the end user) who hired that third-party, employee, or intern. Getty Images recommends that your company contact the third-party, employee, or intern to see if any licenses from Getty Images surrounding the specific use of the images in question exist. Please provide an invoice number or sales order number and Getty Images will research as appropriate.

We have removed the images and now consider this matter closed.
Getty Images appreciates the removal of its represented images from your company’s website. However, removal of the images in question solves only part of the issue, as Getty Images will continue to require full payment of the demand presented to settle the matter and avoid further escalation.

We found these images on the Internet or the Getty Images website and thought they were Royalty-Free.
Although Royalty-Free images from Getty Images are different from Rights-Ready and Rights-Managed images, a license must still be purchased for Royalty-Free image use.

We didn’t know these images were represented by Getty Images and had to be licensed.
Unfortunately, despite the fact that your company may not have known, this does not excuse your company’s unauthorised use, nor does it relieve you of the obligation to pay the demand to settle Getty Images’ claim of copyright infringement. If no licenses exist, you received the benefit of using the images in question on your company’s website without permission from Getty Images or its represented photographers. Since the unauthorised use already occurred, payment for that benefit is necessary.

We purchased these images from a company we found online as part of a web template.
As the end user of Getty Images’ imagery, you are ultimately responsible for ensuring that you have obtained the appropriate rights to use the imagery. That means that if you acquire imagery from a web template provider or other such company, you are still liable for copyright infringement if that provider or other such company did not properly license the imagery for your use.

Why are you charging Irish VAT?
Getty Images International is an Irish resident company. Pursuant to Irish VAT regulations, legal settlements are subject to Ireland VAT. If your company is VAT registered, please provide us the VAT number before the payment is made so no VAT will be charged. If your company is not VAT registered, the VAT will need to be collected with your settlement payment.
« Last Edit: April 15, 2016, 03:03:39 PM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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